Remedies

Question 1

when can a seller recover the full value of the item?

Answer 1

1. buyer keeps
2. item is destroyed after ROL passed to buyer
3. unable to resell

Question 2

when are liquated damages enforceable?

Answer 2

1) Pts intended it to be LD clause rather than penalty, 2) LD clause was reasonable estimate of damages in re anticipated harm

Question 3

what is required for TRO?

Answer 3

○ Temporary restraining order (TRO) may be issued pending temporary injunction hearing. Requires IBPL:

		1. immediate and irreparable injury
		2. cert efforts to give notice
		3. moving pt provides some security to compensate adverse pt if wrongly granted

Question 4

what is required for PI? prelim and permanent

Answer 4

○ Preliminary injunction may be issued pending trial on the merits maintain status quo. Same IBPL as above.
1. Inadequate remedy at law
2. P is likely to suffer irreparable harm in the absence of relief
3. P is likely to succeed on the merits
4. Balance of equities is in P’s favor
□ Balancing of interests favors Π: Π’s irreparable injury vs. Δ’s hardship
□ Public interest favors granting
5. Injunction is in the public interest
Feasibility of enforcement

○ Permanent injunction (PI): may be sought after a trial on the merits
1. Inadequate remedy at law
2. P is likely to suffer irreparable harm in the absence of relief
3. P is likely to succeed on the merits
4. Balance of equities is in P’s favor
□ Balancing of interests favors Π: Π’s irreparable injury vs. Δ’s hardship
□ Public interest favors granting
5. Injunction is in the public interest
6. Feasibility of enforcement
7. Defenses (for all equitable remedies)?
1) unclean hands related to present case and Δ,
2) laches (unreasonable delay before statute of limitations (SOL) that results in prejudice to Δ)
3) undue hardship, equitable estoppel, free speech (v. defamation, privacy, 1st Amendment case),
injunction sought against Δ’s crime (EXCEPT if crime is also public nuisance)

Question 5

what is required for specific performance?

Answer 5

○ Specific performance (SP): Requires Δ to perform under K when VCIFD…

		1. Valid K:
		2. Certain terms
		3. Conditions for performance met: Π has performed, is ready & able to perform, or excused from performance

		4. Inadequate legal remedies: 
		5. Feasibility of enforcement: Becomes an issue with affirmative mandates, personal services, land sale where a party or land is out of state (jx), or construction. SP is likely not available for these K Defenses?