Remedy 31-37 Flashcards
When does a Purchase Money Resulting Trust arise?
When one party provides consideration for the purchase of real property BUT titles it to another.
The party providing the consideration is the beneficiary of the trust; the person holding title is the trustee.
Priority: Low
When does a Pro Rata Resulting Trust arise?
When one party provides only partial considerationfor the purchase of real property AND the property is titled in another party’s name.
The party providing the consideration is the beneficiary of the trust; the person holding title is the trustee.
Priority: Low
When does the defense of Laches bar recovery?
When:
There is an unreasonable delaybetween when the plaintiff learned of the injury/breach and when the action was brought; AND
The defendant is prejudiced by the delay.
Priority: HIGH
When does the doctrine of Unclean Hands bar recovery?
When a plaintiff is guilty of unethical, unlawful, or otherwise improper conduct related to the subject of the lawsuit.
Priority: HIGH
Can a plaintiff recover damages as a result of a breach that could have been avoided?
NO.
Accordingly, a party must take reasonable steps to mitigate their losses.
Priority: HIGH
What must a plaintiff show to state a prima facie case for Intentional Misrepresentation?
Misrepresentation of a material fact by the defendant;
The defendant knew that the statement was false;
Intent of the defendant to induce the plaintiff
Actual and reasonable reliance by the plaintiff; AND
Damages.
Priority: HIGH
What must a plaintiff show to state a prima facie case for Negligent Misrepresentation?
A misrepresentation by the defendant;
Supplied for guidance of others in a business transaction;
The defendant knew (or should have) that the information was supplied to guide plaintiff in business transactions;
The defendant was negligent in obtaining/communicating the false information;
Actual and reasonable reliance by the plaintiff; AND
The false information proximately caused the plaintiff’s damages.
Priority: HIGH
