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IL Equity > Full Set > Flashcards

Full Set Flashcards

1
Q

Equitable relief can only occur when …

A

a legal ($) remedy would be inadequate or unavailable

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2
Q

Measuring inadequate or unavailable legal remedy

A
  • $ insufficient to fully compensate for irreparable harm
  • $ uncertain or highly speculative
  • unique subject matter
  • D is insolvent
  • compensation would require successive lawsuits
  • willful or ongoing
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3
Q

characteristics of equitable relief

A

personal
enforceable
discretionary
coercive

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4
Q

temporary injunctions are __

A

almost always prohibitory

extraordinary

saving something before it can be heard on the merits

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5
Q

4 required elements P must prove for preliminary injunction

A
  1. possession of clearly ascertainable right needing protection
  2. will likely suffer irreparable harm w/o
  3. no adequate remedy at law
  4. likely to successful on merits

balancing test benefit/burden (balance of hardships)

there must also being a hearing for D to be heard

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6
Q

review of preliminary injunctions

A

will only reverse if against the manifest weight of the evidence

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7
Q

Temporary injunctive relief

A

used to preserve status quo while court hears evidence whether there should be a preliminary injunction - can be done ex parte

same 4 elements, same discretion, same SoR (manifest weight)

  1. possession of clearly ascertainable right needing protection
  2. will likely suffer irreparable harm w/o
  3. no adequate remedy at law
  4. likely to successful on merits
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8
Q

bond

A

the seeking party for a preliminary injunction or a TRO usu has to post bond

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9
Q

D rights in TRO

A

can appear on 2 days’ notice to move for dissolution of order

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10
Q

permanent injunction elements

A

no inherent time limit

  1. possession of clearly ascertainable right needing protection
  2. will likely suffer irreparable harm w/o
  3. no adequate remedy at law
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11
Q

immediate or likely future injury

A

can seek injunctions if injury is LIKELY to occur from activity

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12
Q

definition of likely success on the merits?

A

P need only show that he has raised a fair question about the existence of his right and that the court should preserve the right until the cause can be decided on the merits

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13
Q

IL framing requirements

A
  • TROs must set forth specific reasons & describe acts with reasonable detail
  • reasonable and should go no further than is necessary
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14
Q

scope of those bound

A

only upon parties, their agents, employees & attorneys & those working with them who receive ACTUAL notice

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15
Q

equitable remedy to trespass of land

A

available if continuous or ongoing

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16
Q

nuisance

A

act by D that interferes with P’s use & enjoyment of land

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17
Q

private nuisance

A

intereferes w/ specific O’s use & enjoyment

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18
Q

public nuisance

A

interferes with range of people’s use & enjoyment, right in common w/ public at large

inj not typically available unless P shows special, unshared harm

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19
Q

intentional encroachment

A

usu get inj

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20
Q

unintentional encroachment

A

usu get $ damages

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21
Q

abuse of process

A

harassing litigation, can’t enjoin out of state court

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22
Q

business, commercial & IP interests getting inj relief

A
  • interference w/ contracts/business relationships
  • unfair competition
  • trade libel
  • trade secrets
  • trademarks
  • copyright
  • right to publicity
  • patents
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23
Q

requirements for specific performance in contracts cases

A
  1. valid contract (VERY specific terms)
  2. inadequacy of legal remedies
  3. enforcement is fair & feasible
  4. mutuality of performance
  5. absence of defenses
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24
Q

inadequacy of legal remedy for breach of contract

A
  • $ insufficient/inadequate to fully compensate for irreparable harm (unless agreement to liquidated damages)
  • $ uncertain or highly speculative
  • unique subject matter (real property is always unique, personal significance to buyer)
  • D is insolvent
  • compensation would require successive lawsuits
  • willful or ongoing
25
Q

persons against whom specific performance may be enforced

A

must be in privity

26
Q

types of contracts subject to specific performance

A
  1. land sale contracts
  2. covenants not to compete
  3. (sometimes) unique chattels
  4. (sometimes) contracts to make testimentary dispositions or mutual wills
27
Q

specific performance for real property

A

contract must be definite & contain:

  1. names
  2. description
  3. price
  4. signatures
28
Q

the land is so encumbered that seller cannot fully convey it

A

buyer may obtain partial specific performance w/ abatement

29
Q

executory period

A

time period btw the signing of the land sale contract & close

30
Q

destruction during executory period CL and IL

A

Equitable conversion - buyer must buy the property b/c seller can get specific performance

Uniform Vendor & Purchaser Risk Act (IL) - L for loss during exec period determined by whether the seller transferred legal title & possession to purchaser before the loss. If neither has been transferred to the purchaser, the seller cannot enforce the contract and the buyer is entitled to recover any portion of the purchase price that has already been paid

31
Q

party dies during executory period

A

seller - right to the balance of the contract price passes to seller’s estate

buyer - his heirs may specifically enforce the contract upon the seller’s refusal to convey

32
Q

IL covenants not to compete elements

A
  1. terms are reasonable
  2. terms are necessary to protect an employer’s legitimate business interest
  3. ancillary to an existing contract
33
Q

reasonable noncompete clauses

A
  1. no greater than necessary to protect legit bus purpose
  2. no undo hardship on employee-promisor
  3. not injurious to public
34
Q

legitimate business interest in noncompete clauses

A
  1. acquisition of confidential info through employment
  2. near-permanence of customer relationship
  3. time & place restricts are appropriate

e.g., trade secrets

35
Q

trade secrets

A

often a legit business interest

factors considered

  • is info known outside bus?
  • is info known by employees?
  • safegaurds in place?
  • value to employer & competitors
  • amount of efforts spent to develop info
  • ease couple be duplicated
36
Q

no specific performance for

A

service contracts, construction contracts, or employment contracts

37
Q

Rescission definition

A

voiding of a contract and leaves parties as if no contract were made

grounds must have occurred prior to or contemporaneous with formation

38
Q

rescission at law

A

extra-judicial, one party just announces a recission

39
Q

recsission at equity

A

judicial decree of rescission or cancellation voiding the contract (courts really want to put both parties back in the same position they were in prior to the contract)

40
Q

when is rescission allowed?

A
  1. mistake

2. misrepresentation

41
Q

mistake as grounds for rescission

A

mutual mistake

unilateral mistake only sufficient if non-mistaken party was aware and took advantage & mistaken party would suffer hardship if forced to perform

42
Q

misrepresentation as grounds for rescission

A

material and reasonably relied upon

43
Q

reformation requires

A
  1. valid original agreement
  2. in writing
  3. fails to accurately express the actual intent of the parties
44
Q

grounds for reformation

A

fraud

mutual mistake of fact

45
Q

reformation burden

A

clear & convincing evidence

46
Q

reformation defenses

A

contract defenses

equitable defenses

where instrument subject to the reformation is sold to a subsequent purchaser w/o notice of the right to reformation, reformation will not be allowed

NOT - negligent P
PE allowed
NO - SoF

47
Q

Equitable defenses

A
  1. unclean hands
  2. laches
  3. undue hardship
  4. equitable estoppel
48
Q

equitable defense of unclean hands

A

P must not have unclean hands related to this matter and prejudice to D

49
Q

equitable defense of laches

A

affirmative, must be pleaded by D or else waived

D must show that there was knowledge on P’s part

50
Q

equitable defense of undue hardship

A

to D or public in general

51
Q

equitable defense of equitable estoppel

A
  1. party misrepresents material facts knowing falsity
  2. claiming estoppel actually know of falsity
  3. reasonably foreseeable that party claiming estoppel would rely
  4. to his detriment
52
Q

suit to quiet title

A

form of equitable relief - P in possession of land may bring an equitable action to remove a cloud on the title or to resolve a dispute w/ regard to ownership of property

must have written claim to land

53
Q

constructive trust defintion

A

form of equitable relief - transfers legal ownership of the property to the P in order to avoid unjust enrichment of the D (when obtained by fraud, mistake, breach of fiscal duty, duress, undue influence, etc)

54
Q

equitable lien

A

form of equitable relief - lien on D’s property when D obtained it with proceeds that were wrongfully obtained

gives P tight over other creditors b/c the equitable lien relates back to when the defendant unlawfully obtained title to the property

55
Q

subrogation

A

form of equitable relief - when one party voluntarily discharges the debt or other obligation owed by the d, he may seek repayment from D (puts P in the shoes of the original debtor

56
Q

equitable accounting

A

form of equitable relief - seeks $ decree for benefits that were obtained by one person at the expense of another

57
Q

constructive trust requirements

A
  1. D has legal title to property belonging to P
  2. D will be unjustly enriched if title remains with him
  3. no adequate legal remedy
58
Q

enforcement of equitable remedies

A

contempt proceedings civil & criminal

also doesn’t matter if there was a error in granting the equitable relief must perform until court reverse

IL Equity (1 decks)

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