Remedies: Non-Monetary

Question 1

General rule for equitable remedies

Answer 1

In order to recover equitable remedies, money damages must be inadequate

Question 2

Types of Equitable Remedies

Answer 2

1. Reformation
2. Specific Performance
3. Injunction
4. Restitution

Question 3

Reformation

Answer 3

1. A type of non-monetary relief.
2. A contracting party asks the court to re-write (to reform or revise) the contract to make it conform to the true agreement of the parties.

Question 4

Specific Performance

Answer 4

1. a type of non-monetary relief
2. applies when a court compels (orders) a breaching contract party to perform
3. limited application:
   — applies to contracts involving land/real property
   — applies to personal property which is rare or unique
4. must be feasible
5. mutuality

Question 5

Injunction

Answer 5

1. A type of non-monetary relief
2. A contracting party asks a court to order the breaching party to stop engaging in specified conduct which is a breach of the contract

Question 6

Restitution

Answer 6

1. A type of non-monetary relief
2. A contracting party asks a court to order the breaching party to return consideration paid by the non-breaching party