Equity

Question 1

Three-Step Analysis

Answer 1

1) An inadequate legal remedy;
2) Equitable relief must be feasible;
3) Specific requirements for each group of equitable remedies

Also, what equitable defenses may bar

Question 2

Inadequate remedy at law - common examples

Answer 2

Unique subject matter
Money damages are speculative or uncertain
Multiple lawsuits will be required
D is insolvent
Harm is irreparable

Question 3

Feasibility

Answer 3

Court must have power over the D himself and/or the property; and

Court must able to enforce or supervise the compliance with the remedy. Court reluctant when:

1) dispute involves subjective application of taste;
2) constant or continuous supervision by the court required;
3) court will not compel services;
4) court will not compel performance in another jurisdiction.

Question 4

Jury

Answer 4

No right to jury trial for equitable relief, but a jury may consider if:

statute authorizes;
common facts involving money damages too; or
single claim for money and equitable relief.