Other Forms of Equitable Relief

Question 1

Equitable accounting

Answer 1

• common
• when a business organization breaks up, court may order an accounting to see who gets what

Question 2

receivers

Answer 2

• court appoints someone to run a business or manage an asset pending ultimate disposition
• receiver acts as court’s agent to make sure assets are not hidden or destroyed pending ultimate decision
• Drastic step, only happens when the court finds it necessary

Question 3

partition of real property

Answer 3

• co-owner can sue to partition real property owned by two or more persons
• Preferred remedy- partition in kind
  
  • Court splits land among owners and tries to main integrity of the land
  • So, court will do this whenever possible
    
    • example of impossible: land is wedge shaped, a couple people wouldn’t have access to the street
• if cannot partition in kind, ct will sell property and split up the proceeds

Question 4

subrogation

Answer 4

• pursuing rights of person who benefitted from subrogation (insured) is a principle in equity.
• “stands in his shoes”

Question 5

contribution

Answer 5

• Virginia allows one tortfeasor to pay all damages and then can seek recovery from other defendants for amount he’s not responsible for.
• Contribution is pro rata only.
  
  • So, if 2 tortfeasors, 50/50 contribution.
• Court does not determine specific percent of fault

Question 6

equitable indemnity

Answer 6

• allows plaintiff to seek complete reimbursement when they were held liable for the negligence of another even though they were not personally at fault
• (e.g. employer In a respondeat superior claim)

Question 7

creditor suits

Answer 7

• judgement creditors and lien creditors may file a “creditor’s bill” when efforts to enforce their rights under a judgment by normal enforcement and execution remedies at law have failed
• creditors are statutorily allowed to track defendant’s assets. These are equitable remedies
• Usually triggered with voluntary transfer or fraudulent conveyance

Question 8

Voluntary transfer

Answer 8

• fact pattern will mention that the transfer made debtor insolvent
• under this circumstance, the transfer is voided unless the third party paid adequate consideration
• Creditor can also collect from third party if appropriate

Question 9

fraudulent conveyance

Answer 9

debtor intended to make it hard for creditor to collect