Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
REMEDIES BASIC ATTACK PLAN
Legal & Equitable |
Legal Remedies
Restitutionary Remedies (Legal, then Equitable Restitutionary) Pure Equitable Remedies GET AS MANY IN AS YOU CAN |
|
|
Equitable --
Equitable Defenses (6) |
1) Unclean Hands
2) Laches 3) Unconscionability (at time of K formation) 4) Mistake 5) Misrepresentation 6) Statute of Frauds |
|
|
Equitable -
K defense to Statute of Frauds (2) |
1) Valuable part performance --2 of 3 (payment, possession, valuable improvements) or valuable part performance --
2) reliance on K IF1) Land transaction 2) Oral K |
|
|
Equitable --
Non-Defense |
(when recission) Negligence of Plaintiff not a good defense
|
|
|
Equitable --
Election of Remedies |
IF Plaintiff sues for Damages first --> Recission NOT allowed
IF Plaintiff sues for Recission --> Can ask for Damages still Election must be made before judgment issued |
