Remedies

Front 1

Defenses to specific performance

Back 1

Unclean hands, SOF, Laches, Mistake, Misrepresentation, UCC duty of good faith.

Front 2

Mistake

Back 2

mutualmistake, contract can be avoided if mistake concerns basic assumption on whichcontract was made

Front 3

Misrepresentation

Back 3

false assertion of fact

Front 4

Specific performance requirements

Back 4

(1) Valid contract, (2) full and complete performance by party trying to enforce or ready and able to perform, (3) inadequacy of legal remedy, (4) feasibility of enforcement, (5) no defenses.

Front 5

Consideration

Back 5

Bargained for exchange involving legal value.

Front 6

Encroachment Remedy

Back 6

INJUNCTIVE RELIEF OR DAMAGES

Front 7

Injunctive relief

Back 7

Inadequacy of legal remedy, Hardships weigh in favor of plaintiff.

Front 8

Damages for encroachment

Back 8

(1) Continuing Trespass (rental value

(2) Permanent trespass fmv

Front 9

Trespass to land

Back 9

Act of physical invasion of real property, intent to bring about invasion (intent to trespass not required), causation.

Front 10

Unclean hands

Back 10

Not available if defendant was not harmed by the wrongful conduct.

Front 11

Purchase Money Resulting Trust

Back 11

One person takes legal title, the other provides consideration either at the same time or before they took title.

Front 12

TRO/Preliminary Injunction

Back 12

irreparable injury would occur, likelihood of success on underlying claim.

Front 13

Conversion

Back 13

Act interfering with right of possession...sever, intent to perform act, causation legally

Front 14

Constructive trust

Back 14

You can take advantage of increase in value.

Works just like equitable liens except NO DEFICIENCY JUDGMENTS. You can take property back or trace the funds and take those...limited to lowest amount in account after deposit.

Front 15

Equitable lien

Back 15

you cannot take advantage of increase in value.

(1) misappropriation of property, (2) allowing them to keep would be unjust enrichment, (3) tracing to that property, (4) inadequacy of legal remedy.

Can only receive the lowest amount of money that wa sin the account after it was transferred wrongly through misappropriation,.

Front 16

Bailment relationship

Back 16

Frame in terms of NEGLIGENCE: duty breach cause damages.

If for mutual benefit, there is a duty of ordinary due care and will be liable for foreseeable damages.

Higher duty of care if just for bailee benefit, lower duty of care if just for bailor benefit.

Front 17

Restitution

Back 17

Can be imposed by quasi contract if :

(1) benefit conferred,

(2) reasonable expectation of payment,

(3) the other person knew of that expectation, (4) unjust enrichment would result otherwise.

Front 18

Different remedy topics to think of for each essay

Back 18

DAMAGES

Contract or tort?

Restitution

Quasi K or unjust enrichment?

Replevin? Ejectment? Equitable lien/Ctrust?

Equitable remedies

injunction, specific performance, TRO, PInj.

Front 19

I Put Five Bucks Down

Back 19

Permanent Injunction Requirements

1. P must establish that there is no viable legal remedy (inadequate remedy at law i.e. money damages aren't sufficient)

2. P must establish that there is a protectible interest involved

3. P must establish that it is feasible to enforce the injunction

4. The balance of hardships weighs in P's favor (D's burden)

5. Defenses (D's burden)