II. General Requirements

Question 1

Legal Remedy Must be Inadequate

Answer 1

Equity will only act when the remedy is inadequate. When money damages will fail to make the palintiff whole

• when the subject matter is unique
• damages are speculative or uncertain
• multiple or successive lawsuits would not to be brought in order ot get relief
• irreperable harm to defednat which cannot be fully compesnated by money judgment
• Defendant is insolvent

Question 2

Equitable REmedy Must be FEasible

Answer 2

• Equity normally enforces its decree by holding a non-complying party in contempt–acts upon the person
• BUt where title to or possession of object, now can act directly if feasible
• Requires that:
  
  • 1) the court can assert power over the object
  • 2) the property is the subject of the litigation
• WIll also determine extent of supervision/ability to have compliance such as where injunction requires an act. Might decline if:
  
  • 1) dispute involves subject application of saste
  • 2) remedy requires continuing supervision
  • 3) equity will not compel rendition of personal service
  • 4) equity will not compel acction in another jurisdiction
• ALWASY DISCRETIONARY

Question 3

Additional General Principles

Answer 3

• Jurisdiction to award non-monetary remedies
  
  • District court for federal
  • SUperior Court in state
• Right to Trial by Jury
  
  • generally no right except when: 1) joins several separate equitable claims nad legal claims that have certain issues in common OR 2) states a single claim and demands both legal adn equitable remedies, he’s entitled ot have common facts heard or single claim heard by jury (e.g. patent law)
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