Remedies 5

Question 1

Is SP available to parties with inadequate legal remedies if there is a liquidated damages clause?

Answer 1

Yes; LD clause does not make $ damages adequate, SP still available

Question 2

Is SP available to parties with inadequate legal remedies if there is a liquidated damages clause AND the LD clause provides it is the only remedy?

Answer 2

No, get LD damages

Question 3

Remedies–feasibility of enforcement: when is it an issue? (4) And what result?

Answer 3

1. affirmative mandates
2. personal services
3. land sale where a party or land is out of state (jx)
4. construction

Result: SP likely NOT available for these K

Question 4

specific performance: defenses

Answer 4

1. unclean hands related to present case and D
2. laches
3. undue hardship

Question 5

specific performance: laches defense

Answer 5

unreasonable delay before SOL that results in prejudice to D

Question 6

specific performance contractual defenses (6)

Answer 6

1. unconscionability
2. mistake
3. misrepresentation
4. undue influence
5. impossibility
6. SOF

Question 7

specific performance: what to watch for with SOF

Answer 7

watch for part performance to take case out of SOF and allow SP

Question 8

Rescission

Answer 8

restores parties to a point before formation by voiding the K

Question 9

Grounds for rescission: high level

Answer 9

no mutual assent

Question 10

Grounds for rescission: list (6)

Answer 10

1. mistake
2. misrepresentation (fraud)
3. undue influence
4. lack of capacity
5. failure of consideration
6. illegality