Chapter 9: Coercive Equitable Relief Flashcards Preview

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Flashcards in Chapter 9: Coercive Equitable Relief Deck (12):
1

Coercive Equitable Relief (Def)

Broad term referring to any order by a court requiring a party to act or refrain from acting. If not monetary damages but rather equitable relief.

2

Specific performance (def)

Requirement to perform

3

Injunctions against breach (def)

Prohibiting an act

4

Inadequacy (rule)

Must show remedy at law is inadequate

5

Inadequacy (types)

1. Difficulty or impossibility of calculating damages
2. Irreplaceability
3. Insolvency of the ∆-> lacks sufficient assets

6

Difficulty or impossibility of calculating damages (ex)

Heirloom (worth to each person

7

Irreplaceability (ex)

Land

8

Insolvency of the ∆ (ex)

Lacks sufficient assets

9

Defenses (types)

Laches, unclean hands, Cant have a legal remedy, discretionary, he who seek equity must do equity, equity abhors a forfeiture.

10

Laches (def)

Statute of limitations

11

Unclean hands (def)

Illegality or immoral conduct

12

Reasons against specific performance

Don’t want to force compliance with performance ks,
Don’t want to impose undue burden on ∆,
Don’t want to have too much court supervision,
Personal service breach and specific performance= slavery