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Flashcards in Equity Deck (10)
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  1. Inadequate remedy at law
  2. A showing that the injunction is enforceable by the court; and
  3. A showing that the harm to the plaintiff outweighs the burden of the injunction on the defendant.


Inadequacy at law

i)     Money damages are insufficient to fully compensate for irreparable harm;

ii)    Damages are uncertain or unfairly speculative;

iii)   The subject matter of the lawsuit (e.g., a contract for the sale of specific land) is unique;

iv)   The defendant is insolvent;

v)    Compensation for the harm would require the filing of successive lawsuits; or

vi)   The nature of the defendant’s conduct is willful.


Grounds for reformation

1. Fraud

2. Mutual Mistake

3. Unilateral mistake (sometimes)


Defenses to Reformation

  1. Unclean Hands
  2. Laches
  3. Undue Harship
  4. Sale to Bona Fide Purchaser 


Unclean Hands

-  must not have engaged in any wrongdoing toward the defendant or the subject matter of the litigation

- that related to the specific transaction that is the subject matter of the litigation and

- caused prejudice to the defendant.



party unreasonably delays initiating or pursuing her claim



- party acts improperly and

- the other party relies on his actions to that party’s detriment,

- the party acting improperly may be estopped from asserting a defense. 

*This can also happen in cases when there was a duty to act and a party failed to do so. 


Constructive Trust

i)    The defendant has legal title to real property belonging to the plaintiff;

ii)   The defendant will be unjustly enriched if title remains in him; and

iii)  The legal remedy is inadequate.


Equittable Lien 

-  It may be imposed by a court on real property of the defendant

- when the defendant has unlawfully obtained other property of the plaintiff. 

- Such a lien gives the plaintiff priority over other creditors because the imposition of the equitable lien relates back to the point in time when defendant unlawfully obtained title to the property.




When one party involuntarily discharges the debt or other obligation owed by the defendant, he may seek repayment from the defendant