I. Introduction Flashcards
1
Q
Three Steps
A
- Are the general requirements for equitable relief satisfied?
- the legal remedy must INADEQUATE
- equitable relief must be feasible
- 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
- ARe there any equitable defenses that would prevent otherwise available equitable relieft?
- unclean hands
- time bar
- impossibility or hardship
- freedom of speech/constitutional issues