K's - Equitable Remedies

Question 1

K - Equitable Remedies

Answer 1

Specific Performance

Rescission

Reformation

Question 2

Specific Performance

Answer 2

Cha Cha Is Fairly Difficult

1. Contract valid + definite
2. Cond’s of P satisfied
   —time of essence: weigh hardships and award SP w restitution as alt.
   —land sale qty breach: P Seller can get if breach minor, P Buyer can get if not very major, court will abate purchase price
3. Inadq Legal Remedy
   —spec dmg, insolvent D, mult suits, unique prop
4. Feasibility of Enf
   —no services; covenants not to compete
5. Defenses
   —unclean hands, laches, unconscion
   —mistake, misrep, SOF (part perf exc)

Question 3

Rescission

Answer 3

Grounds: K formation
—mutual mistake mat fact
—uni mistake + other should know
—misrep

Defenses: unclean hands and laches

Question 4

Reformation

Answer 4

Valid K w certain terms

Grounds: K formation
—mutual mistake mat fact
—uni mistake + other DID know
—misrep

Defenses: unclean hands and laches