Remedies

Question 1

Reformation (rule)

Answer 1

to reform a contract because of mistake, there must be:
(1) an agreement between the parties,
(2) an agreement to put the agreement in writing, and
(3) a variance between the original agreement and the writing

the mistake must be:
(1) where both parties were mistaken;
(2) one party knew of the mistake but failed to point it out to the other party

Question 2

Specific performace (definition)

Answer 2

Specific performance is (1) an equitable remedy (2) ordered by a court that requires a breaching party to perform their duties under a contract

Question 3

When is a legal remedy inadequate ?

Answer 3

if the subject matter of the K is rare or unique

Question 4

Injunction (definition)

Answer 4

an injunction is (1) an equitable remedy; (2) where the court issues an order requiring a person to either do or refrain from doing something

an injunction may be permanent (imposed after full trial on the merits) or preliminary (issued to maintain the status quo until a full trial can be held on the merits)

Question 5

preliminary injunction requirements

Answer 5

Party seeking must show
(1) they will suffer irreparable injury if not granted
(2) the harm they would suffer if the injunction is not granted would outweigh the harm the defendant will suffer if the injunction is granted
(3) they are likely to prevail on the merits of the underlying case

Question 6

Reformation and a statute of frauds defense

Answer 6

If the court will reform the contract, the statute of frauds does not apply

Question 7

Part performance and a statute of frauds defense

Answer 7

part performance is sufficient to take a sale of goods contract out of the statue of frauds where
(1) the goods have been specifically manufactured or
(2) the goods have been either paid for or accepted

Question 8

Equitable estoppel and a statute of frauds defense

Answer 8

when a defendant’s conduct foreseeably induces a plaintiff to change their position in reliance on an oral agreement, courts may uses the doctrine of equitable estoppel to remove the contract completely from the statute of frauds as an equitable remedy

Question 9

Parole evidence rule

Answer 9

if parties intended a writing to be a final expression of their agreement, any other expressions made prior to the writing (or oral expressions made contemporaneously with the writing) are not admissible to vary the terms of the writing

Question 10

Laches - what is it?

Answer 10

an equitable defense asking a court not to grant an equitable remedy because the plaintiff waited to bring their claim and the delay caused prejudice to the d