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5 Cards in this Set
- Front
- Back
How is Equity combined with other laws?
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equity is primarily remedial. It is easy to combine with other issues, in particular contracts, torts, and civil procedure.
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How to Approach an Equity Question
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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? |
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Are the General Requirements for Equitable Relief Satisfied?
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1. The legal remedy is inadequate
2. Equitable relief is feasible |
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Are Any Specific Requirements for the Particular Equitable Remedy Satisfied?
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1. Injunction
2. Specific Performance 3. Rescission and Reformation (briefly look over constructive trusts and equitable liens) |
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Are there Any Equitable Defenses which would prevent Equitable Relief?
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1. Unclean Hands
2. Time Bar (Laches) 3. Impossibility or Undue Hardship 4. Freedom of Speech |