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13 Cards in this Set

  • Front
  • Back
Preliminary Injunction
In issue is whether π can obtain preliminary injunctive relief. To do so, π must meet a two-part test:
(i) Irreparable injury
(ii) Likelihood of success
Compensatory Damages (Tort)
π is entitled to compensatory damages to put him in the position he would have been in had this wrong and resulting not occurred. On these facts...
Consequential Damages (K)
π may recover all related damages foreseeable at the time of formation of the contract.
Replevin is a legal restitutionary remedy that allows the recovery of specific personal property wrongfully taken.
Quasi-contract is a legal restitutionary remedy that is substitutional in nature. The π is awarded a sum of money measured by the reasonable value of the ∆'s ill-gotten gain. This obligation is imposed by law to avoid unjust enrichment.
Constructive Trust
Constructive trust is an equitable restitutionary remedy that is implied in law and imposed by equity courts when the retention of property by the ∆/wrongdoer would result in unjust enrichment. The court will treat the property as if it were held by the ∆ in trust for the π.
Equitable Lien
An equitable lien is an equitable charge on property imposed by law to prevent unjust enrichment. To impose an equitable lien on the ∆'s to secure a debt, it must be shown that (1) the wrongdoer misappropriated the π's property under circumstances creating a debt or obligation to pay; (2) π's property can be traced to property held by the ∆; and (3) the retention of the property would result in unjust enrichment.
Bona Fide Purchaser
Equitable rights are cut off by transfer of legal title to a bona fide purchaser. A bona fide purchaser is one who pays value and takes title without notice of the wrongdoing.
Specific Performance
Specific performance is a mandatory decree that orders a contracting party to perform; in order to apply, there must be a valid contract between the parties.
Mutuality of Remedies Counter Argument
A court will reject the mutuality argument if it feels secure that the π will perform.
Unique (Personal Property)
The law does not recognize personal property as unique.

However, personal property will be considered unique if: (1) it is one of a kind or very rare; (2) it has personal significance to the buyer; or (3) the circumstances make the chattel unique.
Reformation is an equitable remedy by which a court modifies or alters a contract to make it conform to the parties previous understanding or agreement. A court will allow reformation of a contract if: (1) a valid contract exist; (2) there are grounds to change the contract (e.g., mistake, misrepresentation, etc.); and (3) no valid defenses to reformation exist (e.g., unclean hands, laches, subsequent BFP, etc.).
A court will allow reformation of a contract if: (1) there are grounds to rescind the contract (i.e., formation defense); and (2) no valid defenses to rescission exist (e.g., unclean hands, laches, etc.).