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13 Cards in this Set
- Front
- Back
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Types of Legal Remedies |
1. Specific Performance 2. Actual Damages 3. Consequential Damages 4. Incidental Damages 5. Liquidated Damages |
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Types of Equitable Remedies |
1. Restitution 2. Reformation 3. Recission 4. Promissory Estoppel 5. Reliance Damages 6. Expectation Damages |
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General Requirements for Injunctive Relief |
1. Legal Remedy is inadequate 2. Enforcement of the injunction would be feasible (court has jurisdicition can enforce) 3. Hardship to D does not outweigh benefit to P 4. No defenses (look for unclean hands, laches, etc...) |
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When legal remedy would be inadequate |
1. subject matter is rare or unique 2. where damages are speculative or uncertain 3. where multiple lawsuits would be required 4. when insolvency of D makes judgment at law noncollectable 5. where irreparable harm results from D's conduct which cannot be fully compensated by a $ judgment. |
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When injunction would be inappropriate remedy |
1. The act to be performed requires the application of taste 2. the act requires special skill or is very complex 3. the act is beyond the ability to perform (from disability, etc...) 4. contract involving personal services. NOTE: courts will also consider whether the hardship to the D outweighs the benefit to P |
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Torts where injunctions are available |
1. continuous trespass to land 2. Conversion of unique chattel 3. to prevent the continuation of a wrongfully instituted suit where that suit is (i) malicious unfounded suit in the forum state, or (ii) a suit brought in another state based on wrongful jurisdiction. |
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Torts where injunction MAY be available:
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1. to eliminate a nuisance (private only)
2. to prevent waste 3. to prevent enforcement of a fraudulently obtained judgment 4. inducing breach of contract and or refusal to deal 5. use of competitors trade sectrets |
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Requirements for Constructive Trust |
1. Title held by D 2. Unjust enrichment 3. Inadequacy of legal remedy 4. Confidential of fiduciary relationship |
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Specific performance of a negative covenant such as a covenant not to compete
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Can be issued where there is
(i) a written agreement signed by the party against whom enforcement is sought, (ii) the restraint is for the purpose of protecting a legitimate business interest, and (iii) the restraint is reasonably necessary to protect that interest. NOTE: In cases of former employees which do not involve trade secrets, it is presumed that a restraint of six months or less is reasonable, and that a restraint of more than two years is unreasonable. |
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Specific Performance |
Requires: 1. a contract exists 2. P has performed or is ready, willing, and able to perform, 3. the legal remedy is inadequate, 4. enforcement is feasible, and 5. no defenses available |
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Temporary injunction
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should be granted where the movant has:
(i) shown irreparable injury; (ii) shown likelihood of success on the merits; (iii) provided notice or a detailed written explanation of the unsuccessful efforts to do so; and (iv) posted a bond. |
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Equitable Lien |
it must be shown that: 1. the wrongdoer misappropriated P's money or property under circumstances created a debt or an obligation to pay, 2. P's property can be traced to property owned by the D, and 3. the retention of the property by D would result in unjust enrichment. |
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Equitable Mortgage |
a judge-made mortgage impressed against a deed absolute It is used when a debtor gives a deed to his creditor solely to secure an obligation, and the creditor at some point, refuses to recognize the security nature of the interest. |
