Equity Essays Rule Statements Flashcards
any court may award temporary relief even though
the court may not be the proper venue for trying the cause for a permanent injunction on the merits
to obtain a TRO, you must allege that
1) you own the property
2) serious and irrepairable harm will result if they’re not stopped
3) trying to preserve the status quo
4) likely to succeed on merits of case, and
5) not against public policy
If there is a title dispute, you should
file a complaint to establish boundary lines, assert ownership of the disputed land and seek to establish that the action is occcuring on your land
the purpose of the preliminary injunction is
to preserve the status quo while the rights and liabilities of the consenting parties are being sorted out
the court, in deciding whether to issue a preliminary injunction, will look at
the seriousness of the threatened irreparable harm and the need to stop continued trespasses without delaying by calling the defendants into court for a bilateral hearing
the court will probably grant the TRO if
it is alerted to the other steps being simultaneously taken by the plaintiff (filing of compalint to establish boundary lines, application for permanent injunction)
case law in virginia treats actions on loan agreeements as
contract suits
in Virginia, the legislature has provided statutory limitations periods for almost all legal causes of action. This includes
3 year for oral or implied contracts, 5 year for written contracts
SOL do not apply directly in equitable causes of action, but
Laches is a time-bar doctrine that may be raised as an affirmative defense to all equitable claims.
If laches is raised by a defendant, it will bar an equitable claim if
1) there was unreasonable delay in bringing suit after an adult plaintiff learns of the grounds for the claim, and
2) the defendant has suffered prejudice during the period of plaintiff’s unwarranted delay
when the two available bases for recovery are the legal claim of breach of an oral or implied contract and the equitable claim of unjust enrichment, the state supreme court has said
where the case is pled as an equitable claim on facts that could also be the basis for a contract suit at law, the trial court must follow the law in fixing the laches period to bar a claim. Can’t be longer than contract claim SOL
examples of defendant’s prejudice for laches
change legal position when no suit is pending, enter into legal relationship
if a claim is barred under the applicable legal theory
it is also barred in a comparable equitable claim
in Virginia, the period of limitations begins to run on oral or implied obligations on the day
the money is advanced, not the date of demand for payment
exception to statute of frauds
full performance
infant’s contracts for ____ are binding
necessities
restitution is available to
prevent unjust enrichment
a claim for restitution exists where
the plaintiff can show that the defendant has:
1) obtained a pecuniary or other benefit from the plaintiff
2) upon request, or under the circumstances showing that the plaintiff was not a volunteer or officious inermeddler, and
3) under circumstances where the defendant knew or should ahve known that the plaintiff expected recompense
equitable lien
may be imposed on a defendant’s property that the defendant has either acquired or improved at the victim’s expense, e.g. with the victim’s money
constructive trust
treats a person who has somehow obtained legal title to property at the expense of the victim as a trustee for the benefit of the victim
rescission in equity will be granted only if
rescission at law does not adquately protect the claimant’s rights
rescission at law is ineffective as to
land titles
in Virginia, the grounds for rescission are
fraud, innocent misrepresentation, and mutual mistake
mutual mistake
a contract can be rescinded based on mutual mistake of a material fact on the part of the parties
in cases of mutual mistake, equity will rescind the conveyance if the error goes to the substance of the contract, so the purchaser doesn’t get what he bargained for and the vendor doesn’t sell what they intended to
prior stipulations and understandings are
merged in the final and formal contracts executed by the parties, and when a deed has been delivered and accepted as performance of an antecedent contract to convey, the contract is merged in the deed
the merger doctrine does not apply to
nontitle matters
fraud is defined as
an intentional misrepresentation of a present or past fact, nondisclosure of an important matter, or an intentional misrepresentation of a present state of mind
reformation of a deed is permitted when
there is clear and convincing evidence of an earlier agreement, oral or written, which specifies certain terms for a conveyance, and the later drawn legal document that effectuates the conveyance inaccurately portrays the terms of the initial agreement, with the result that the grantor receives less than he bargained for
unclean hands covers
a broad spectrum of conduct, including intentional fraud or misprepresentation as well as simply unethical conduct or sharp practices
to obtain injunction, show
1) have a legally recognized right being infringed upon
2) no adequate remedy at law
3) an injunction is practicable, feasible, and effecctive to vindicate the right
4) the balance of hardship favors the plaintiff
5) the injunction would not aversely affect public intrest, and
6) there are no defenses
remedy for trespass
usually damages, but an injunction is available if the trespass is continuous
a landowner’s use of his property will constitute a nuisance if
it substantially and unreasonably interferes with another property owner’s use and enjoyment of his own property
a private person can seek to enjoin a public nuisance if
1) the alleged public nuisance violates a specific right of the person seeking the injunction and causes the individual harm not shared by the public at large
2) the injury is serious
3) the private inconvenience suffered outweighs any public benefit from the status quo
to prevail in a suit for an injunction on a private nuisance theory, must show
1) irreparable loss will result if the injunction is denied
2) the loss is substantial and not suffered by the public at large
3) the balance of the hardships favors plaintiff
an injunction may be granted ex parte when
it appears that immediate injury would result
for an action in detinue, the plaintiff’s pleading must show that she hast
1) an interest in the property
2) a right to immediate possession, with possession currently being wrongly withheld from the plaintiff
3) describe the kind, quality, value of the property
4) basis of claim of entitlement to property, and
5) allege ground in pretrial seizure statute (a: defendant is foreign corp or about to remove himself or the property from the commonwealth/converting, assigning or disposing of property, b: property will be sold, removed, destroyed, or damaged if left in his possession.
6) post bond twice FMV of property
for temporary injunction, pleading must show that
1) the injury the plaintiff would sustain if relief were denied would be irreparable
2) the defendant would suffer no irreparable injury or plaintiff’s would outweigh it, and
3) the trial for a permanent injunction would take too long to afford relief
4) she will likely succeed on merits in final hearing
5) TRO preserves status quo
6) no public policy issue
petition for attachments
state kind, quality, and estimated value of property. Describe plaintiff’s claim and amoun the plaintiff claims for its detention, show that defendant intends to remove the property from the commonwealth. Must be sworn, must post bond 2x FMV
action for detinue is filed
by complaint or on a warrant
for the conveyance of land where there is a parol contract, Virginia
does not apply SOF if there is performance that unequivocally indicates that the parties contracted for the conveyance of land
principles by which a court of equity will avoid the SOF and enforce parol agreement for conveyance of land are
1) the parol agreement relied on must be certain and definite in its terms
2) acts proved in part performance must refer to, result from, or be made in pursuance of agreement, and
3) the agreement must been so far executed that a refussal of full execution would operate a fraud upon the party
a claim of implied contract exists where
1) obtained a benefit
2) upon request, or should ahve known expected recompense
in an action at law case, courts have held that if a plaintiff has rendered services to decedent in consideration of his promist to leave her an interest in his land by will, but that promise was brokend
she is entitled to recover on an implied contract the value of her services, not that of the property agreed to be devised
declaratory judgment
declares rights without consequential relief, meant to supplmeent ordinary causes of action, preventative relief
a lis pendens notice
informs innocent parties interested in the status of the title to a certain piece of property that disputes about ownership exist, puts innocent parties on notice of the dispute so they’ll be bound by whatever the court decrees if they purchase it anyway
directors of nonprofit orgs that are exempt from income tax are immune from civil liability for acts taken in their capacities as officers if
they serve without compensation, they do not violate fiduciary obligations
