Legal Analysis - Remedies

Front 1

remedies:

where court orders defendant to do something or refrain from doing something.

Back 1

injunctions

Front 2

remedies:

i. Inadequate Legal Remedy: need an inadequate legal remedy (money is not enough to compensate someone; irreparable injury because you have a unique right; perspective injury/has not yet happened),
ii. feasibility
iii. Balancing the hardships: Have to balance the hardships on both parties. Hardship to the plaintiff if denied and harm to defendant if granted.

Back 2

injunctions three requirements

Front 3

remedies:

i. Rule: Issued Pending a trial on the merits
ii. Requirements:
1. Irreparable Injury: if plaintiff had to wait for a full hearing on the merits, between now and then, he would suffer irreparable injury.
2. Plaintiff has a likelihood of success on the merits.
3. Hardships balance in the plaintiffs favor
4. Plaintiff should be required to post a bond to reimburse the defendant if the injunction injures him and the plaintiff does not succeed.

Back 3

preliminary injunction

Front 4

remedies:

i. Rule: Issued pending a hearing to determine whether a temporary injunction should issue.
ii. Can be Issued Ex Parte: Notice to defendant not required but good faith effort to reach the defendant should be made. An adversarial proceeding is not required.

Back 4

TRO

Front 5

remedies:

iii. Requirements:
1. Irreparable Injury: if plaintiff had to wait for a full hearing on the merits, between now and then, he would suffer irreparable injury.
2. Plaintiff has a likelihood of success on the merits.
3. Hardships balance in the plaintiffs favor
4. Plaintiff should be required to post a bond to reimburse the defendant if the injunction injures him and the plaintiff does not succeed.

Back 5

TRO requirements

Front 6

remedies:

i. Rule: If there has been a full hearing on the merits. When faced with a question asking if someone is entitled to an injunction, you must first analyze whether the firm has a cause of action to begin with (for the tort), because an injunction will not issue unless the firm can demonstrate it is entitled to relief.

Back 6

permanent injunction

Front 7

remedies:

ii. Requirements:
1. Notice to Opponent
2. Inadequacy of legal Remedies
3. A proper right or protectable Interest
4. Feasibility of Enforcement
5. Balance Hardships

Back 7

permanent injunction

Front 8

remedies:

THEY ARE CERTAIN, FORESEEABLE, CASAL, AND UNAVOIDABLE

Back 8

contract damages

Front 9

remedies:

if at the time of the contract the actual damages were difficult to determine and the cause is a reasonable thing of the actual harm.

Back 9

contracts:

liquidated damges clause

Front 10

remedies:

Apply when a party renders some performance pursuant to a contract and then the contract fails because it is unenforceable or it is breached. Prevents Unjust Enrichment. Designed to restore plaintiff all that defendant gained at plaintiff expense.

Back 10

restitution

Front 11

remedies:

: to force a party to perform the contract according to its terms. Requirements:
i. There must be a valid contract,
ii. Are the terms of the contract definite and certain enough for the court to enforce them,
iii. Legal Remedies are Inadequate
iv. Feasibility: it is not feasible to perform personal services contract. Need the rest I think.
v. Mutuality: The court has to be able to secure performance from the parties. And,
vi. Defenses
1. Laches
2. Unclean Hands

Back 11

specific performance

Front 12

remedies:

If a contract has been formed under a mistake of fact, it can be rescinded unless there’s been detrimental reliance by the other party.
i. Unilateral Mistake: if the non mistaking party knew or should have known of the mistake then you can rescind it.
ii. Misrepresentation: if there was a material misrepresentation and one party relied on that material misrepresentation then we can rescind it.

Back 12

rescission

Front 13

remdedies:

changes a mistake in a written agreement to conform with the parties original understanding. There was a mistake and we are going to reform the contract.

Back 13

reformation

Front 14

remedies:

: is an injury to reality by someone in rightful possession against someone who is entitled to future possession. Ex: someone with a life estate, leasehold interest, etc.
i. Voluntary Waste: waste that is committed deliberately.
ii. If it was deliberate you were entitled to diminution in value or cost of repair. Or can be entitled to an injunction.
iii. Permissive Waste: Where we allow something to fall in disrepair. Future interest person is entitled to cost of repair.
iv. Ameliorative Waste; waste that increases the property value. So there are no damages since increase to damages. This is a good place for injunction because they don’t want it changed.

Back 14

property waste

Front 15

remdies:

in theory behind denying relief to one who is exercising unreasonable delay that results in harm.

Back 15

defenses = laches

Front 16

remedies:

If plaintiff’s hands were not clean – if he were guilty of inequitable conduct, whether or not that conduct was illegal or tortuous – he cannot get relief in equity. Plaintiffs not going to prevail if his activity was at least as responsible for the harm as defendant’s activity.

Back 16

defenses - unclean hands

Front 17

remedies:

Prevents Unjust Enrichment. Designed to restore plaintiff all that defendant gained at plaintiff expense.

Back 17

defenses - restitution