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5 Cards in this Set

  • Front
  • Back
How is Equity combined with other laws?
equity is primarily remedial. It is easy to combine with other issues, in particular contracts, torts, and civil procedure.
How to Approach an Equity Question
THREE STEPS:
1) are the general requirements for equitable relief satisfied?
2) are any specific requirements for the particular equitable remedy satisfied?
3) are there any equitable defenses which would prevent equitable relief?
Are the General Requirements for Equitable Relief Satisfied?
1. The legal remedy is inadequate
2. Equitable relief is feasible
Are Any Specific Requirements for the Particular Equitable Remedy Satisfied?
1. Injunction
2. Specific Performance
3. Rescission and Reformation

(briefly look over constructive trusts and equitable liens)
Are there Any Equitable Defenses which would prevent Equitable Relief?
1. Unclean Hands
2. Time Bar (Laches)
3. Impossibility or Undue Hardship
4. Freedom of Speech