Equity

Question 1

3 characteristic of equitable relief

Answer 1

Personal

Enforceable

Discretionary

Question 2

Requirements for injunction

Answer 2

1) remedy at law is inadequate or unavailable;
2) injunction is enforceable by court;
3) harm outweighs burden.

Question 3

Ancillary injunctions

Answer 3

• TRO
  1) irreparable harm
  2) benefit heavily outweighs harm to defendant
  3) likelihood of success on the merits
  4) interests of public
  5) maintain status quo.
• NOT appealable.
• Preliminary injunction
  1) only after notice to defendant + evidentiary hearing;
  2) same factors as TRO;
  3) pending trial on merits.

Question 4

Injunctive relief in tort cases

Answer 4

• Method:
  1) Damages? If yes, then no equitable relief.
  2) If damages hard to measure, then maybe equitable relief.
  3) Equitable factors - TRO of permanent?
  4) If permanent, enforceable?
  5) Equitable defenses?

Question 5

When are injunctions usually available?

Answer 5

Intereference with K

Unfair competition

Trade libel

Trade secrets: inevitable disclosure doctrine

Trademarks: likelihood of confusion, trademark dilution.

Trade names

Copyright.

Right to publicity

Patent

Question 6

Specific performance in K cases

Answer 6

1) existence of K
2) inadequacy of legal remedies
3) enforcement is fair and reasonable
4) mutuality of performance
5) absence of defenses

Question 7

Non-compete covenants

Answer 7

1) expressly stated
2) unique services
3) reasonably necessary and limited in scope.

Question 8

Contracts not specifically enforced

Answer 8

personal services.

construction contracts.

employment contracts.

Question 9

Requirements for reformation of K

Answer 9

1) original K was valid
2) original K in writing
3) original failed to accurately express agreement

Grounds: fraud, mutual mistake of fact or law, unilateral mistake.

Defenses: unclean hands, laches, undue hardship, bona fide purchaser. NOT PER, SOF, contributory negligence.

Question 10

Unclear hands

Answer 10

1) Wrongdoing toward defendant related to specific transaction;
2) caused prejudice to defendant.

Question 11

Laches

Answer 11

1) unreasonable delay in bringing suit;

2) prejudice to defendant.

Question 12

Undue hardship

Answer 12

Injuction; “balance of the equities”

Specific performance: will not force buyer to purchase worthless property.

Question 13

Requirements of constructive trust

Answer 13

1) defendant has legla title
2) defendant will be unjustly enriched if he keeps title;
3) legal remedy is inadequate.

Question 14

Equitable lien

Answer 14

Plaintiff gets priority over other creditors by reference back to when defendant wrongfully took property.