Equity

Question 1

A private nuisance will be enjoined if:

Answer 1

(i) it threatens irreparable loss (ii) it is substantial (iii) the balance of hardships does not favor the other party

Question 2

A court will enjoin a trespass only in cases of:

Answer 2

(i) repeated violations that would not be adequately remedied by successive lawsuits (ii) a continuous trespass (iii) a single trespass if the harm is unique

Question 3

Elements of an equitable relief of injunction:

Answer 3

(i) legally recognized right that has been, or is about to be, infringed upon by the defendant (ii) there is no adequate remedy at law (iii) an injunction is feasible and effective to vindicate his rights (iv) the balance of hardship favors plaintiff (v) injunction will not adversely affect public interest (vi) there are no equitable defenses available against him

Question 4

Specific Performance Requires

Answer 4

1. There must be a valid contract 2. Plaintiff’s contract conditions must be satisfied 3. Remedy at law must be inadequate 4. Equitable remedy must be practicable (feasible) 5. There must be mutuality of performance 6. There must be no equitable defenses

Question 5

Generally, equity questions can be answered by asking:

Answer 5

Adequate remedy at law Equitable relief feasible Any equitable defenses

Question 6

Remedy at law is inadequate when

Answer 6

1. Damages will not make plaintiff whole 2. Damages are uncertain and speculative 3. Multiple and successive suits 4. D insolvent 5. Irreparable harm which can’t be compensated by money judgment

Question 7

Courts have [BLANK] to grant equitable relief

Answer 7

Discretion **mention this on the exam**

Question 8

When may a private individual enjoy a PUBLIC notice?

Answer 8

Only if It violates a specific right not shared by the public at large Injury is serious Private injury suffered outweighs any public benefit

Question 9

Use of Competitor’s Trade Secret What theory should be applied

Answer 9

Theories for injunction include Fiduciary relationship breach theory Contract breach theory Property right in trade secret theory

Question 10

Specific performance When may equity not be feasible?

Answer 10

If the contract is Devoid of any objective standard Requires protracted supervision Requires extensive acts abroad or in a sister state Includes a condition impossible to satisfy

Question 11

Reformation of written instruments will be granted to a party

Answer 11

Who by clear and convincing evidence establishes 1. Existence of a written instrument which 2. By mutual mistake or fraud perpetrated by the other party 3. Fails to reflect the parties’ true agreement

Question 12

The unclean hands defense may be raised

Answer 12

(i) where a defendant can show that the plaintiff’s conduct in the course of the transaction that led to the pending suit was inequitable, unfair, overreaching, or otherwise unflattering to a significant degree

it is not required that the plaintiff’s conduct be criminal, nor even that plaintiff has engaged in an “actionable” fashion

defense only where the plaintiff’s evil practice or wrongful conduct is proximately related to the particular transaction for which he seeks redress