I. Introduction Flashcards

1
Q

Three Steps

A
  1. Are the general requirements for equitable relief satisfied?
    1. the legal remedy must INADEQUATE
    2. equitable relief must be feasible
  2. Are any specific requirements for the particular equitable remedy you see satisfied?
    • Most Commonly used remedies: injunction, specific performance, recission and reformation
    • Other Equitable Remedies: Declaratory Judgment, Constructive trust & equtiable lien, subrogation, ne exeat, quia timet, interpleader, bill of peace
    • Extraordinary Remedies: mandamus, prohibition, quo warranto
  3. ARe there any equitable defenses that would prevent otherwise available equitable relieft?
    1. unclean hands
    2. time bar
    3. impossibility or hardship
    4. freedom of speech/constitutional issues
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