Equity

Question 1

Tort Remedies: Injunctive Relief Definition + Preliminary v. Permanent

Answer 1

Defendant is ordered (or enjoined) to do or refrain from doing something

Preliminary: Issued BEFORE a full trial on the merits

Permanent: Issued AFTER a full trial on the merits

Question 2

Tort Remedies: Preliminary Injunction Test (What Plaintiff Must Establish) + Remember Timeframe + Remember Injunction Bond

Answer 2

Plaintiff must establish:

1) the injury is irreparable (time frame is a BIG factor here, will a case on the merits conclude before harm is done?), and
2) plaintiff is likely to succeed on the merits

Injunction Bond: A court should impose an injunction bond to assure the D can be compensated for any losses in the event that the P is unsuccessful in the suit

Question 3

Tort Remedies: Temporary Restraining Order Definition + Distinctions from Preliminary Injunction

Answer 3

Similar to a preliminary injunction, except that this is issued before a preliminary injunction hearing because it is even more urgent

Distinctions:

1) Irreparable injury is likely to occur before a preliminary injunction hearing could be scheduled,
2) The hearing is EX PARTE, and
3) Only in effect for a very short period of time

Question 4

Tort Remedies: Permanent Injunction 5 Part Test + Exception for Willful Conduct + Tip: I Play First Base Dummy

Answer 4

1) [P’s Burden] Inadequate legal remedy (e.g. irreparable harm, speculative damages, continuing harm, or insolvency)
2) [P’s Burden] Protectable interest,
3) [P’s Burden] Feasibility of enforcement
- if established, defendant has burden to prove burden outweighs benefit -
4) [D’s Burden] Burden is substantially greater than the benefit to P
5) [D’s Burden] A defense is available to bar injunctive relief, therefore relying on legal damages (e.g. P’s unclean hands, laches or SOL, free speech)

Exception: A court will NOT balance hardships if the D’s conduct was WILLFUL

Tip: (I Play First Base Dummy)

1) Inadequate legal remedy,
2) Protectible Interest,
3) Feasibility of Enforcement,
4) Balancing of hardships, and
5) Defenses

Question 5

Tort Remedies: Constructive Trust v. Equitable Lien + Remember Tracing + Exception Bona Fide Purchasers

Answer 5

Constructive Trust: Defendant is forced to return the property (used when value of property goes UP)

Equitable Lien: Defendant is forced to sell the property, and if less than the value owed to P, a deficiency judgment can be obtained (used when value of property goes DOWN)

Remember: Tracing is permitted for these, meaning the remedy may be directed at property that is different from what was improperly acquired

Exception: Bona fide purchasers PREVAIL over the plaintiff

Question 6

Contract Remedies: Specific Performance Test + Remember Personal Service Contracts + Tip Vice President Is From Delaware

Answer 6

1) [P’s Burden] Contract is valid,
2) [P’s Burden] P performed or is ready to perform,
3) [P’s Burden] Inadequate legal remedy (e.g. K is unique, breach is ongoing, damages are speculative),
4) [P’s Burden] Court enforcement is feasible,
5) [D’s Burden] Defenses (e.g. unclean hands, laches, mistake, SoF)

Remember: Generally, specific performance is NOT available for personal service contracts, unless regarding a NON-COMPETE that is unique and scope and duration are reasonable

Question 7

Contract Remedies: Rescission Definition + Analysis

Answer 7

The original contract is deemed voidable and is rescinded, any previous performance will be unwound through restitution

1) Defect to the FORMATION of the K (e.g. mistake, coercion, undue influence, illegality),
2) Defenses available (e.g. unclean hands, laches, NOT NEGLIGENCE)

Question 8

Contract Remedies: Reformation Definition + Analysis

Answer 8

Court changes the written agreement to conform to the original understanding of the parties

1) Contract is valid,
2) Grounds for reformation (e.g. mutual mistake, unilateral mistake, or misrepresentation), and
3) Defenses (e.g. unclean hands, laches, NO BONA FIDE PURCHASER)