Remedies

Question 1

Preliminary Injunction elements

Answer 1

Irreparable harm; inadequate remedy at law; balancing hardships; likelihood of success on the merits; enforceability / supervision by the court

Question 2

TRO

Answer 2

IMMEDIATE and irreparable harm

Question 3

Specific performance elements

Answer 3

Valid K; money damages inadequate; enforceability / no continued supervision

Question 4

Grounds for rescission (3)

Answer 4

Fraud; mutual mistake; unilateral mistake by innocent party. Other party mustn’t be seriously prejudice

Question 5

Rescission

Question 6

Constructive Trust / Equitable Lien Elements (4)

Answer 6

D holds title; retention would unjustly enrich; legal remedy inadequate; P’s assets able to be traced to subsequent forms

Question 7

Remedies differences: constructive trust, equitable lien

Answer 7

CT: get D’s property regardless of change in value. EL: forced sale, cannot get profit