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10 Cards in this Set
- Front
- Back
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Specific performance
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Making the promisor perform on penalty of being found in contempt of court
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2 primary forms of specific performance
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specific performance
injunction |
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Modern Test for SP
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Only in cases where the witheld performance is unique, hard to replace, or one's remedy at law is inadequate
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SP on land contracts
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-uniqueness is pressumed
-If land already sold to another damages are the only remedy |
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SP for Goods
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-non-quniueness presseumed
-Buyers right to Replevin from UCC 2-716 |
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SP on Personal Service
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-Generally not enforced
-If service is unique may enforce negative injunction -Regular employes have non-compete agreements |
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Restitutiomn for Party in Breach of Contract
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If you breach you can get your money back when: you don't get what you paid for, contract is voidable (mistake, fraud, etc)
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quantum meruit
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An action in restiution for unjust enrichment. Party in breach can recover from this
- generally breach party must show willful breach and unjust enrichment of the non-b party |
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Tortious Interference w/ K
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- Must show malicious interference
- Must show tort doer had sufficient knowledge of the K -Don't have to show that the tort doer knew the legal significance of the facts |
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Restitution and Quasi-Contracts
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-contract/tort mix
-P must give D a benefit that is not gratutious or officious(except emergency) |
