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Flashcards in Equity Deck (13):
0

What are the two types of injunctions?

Interlocutory injunctions, designed to preserve the status quo until trial. Permanent injunctions, issued following trial on the merits.

1

As to injunctions why is legal remedy important?

Injunctions are appropriate only when the legal remedy is inadequate. Only legal remedy to consider: money damages.

2

What are the four reasons why money damages maybe inadequate?

They maybe speculative.
The injury may be irreparable.
Money damages might lead to a multiplicity of action.
When land is involved equity is much more ready to step in than when you are dealing with something else.

3

What is the checklist to for an injunction?

Inadequate legal remedy.
Property rights requirement.
Feasibility of enforcement.
Balancing of hardships.
Defenses.

4

What is the property rights requirement?

Injunction is allowed as long as some property right is involved.

5

Feasibility of enforcement requirement?

Refers to how difficult it would be for the court to supervise compliance.
--negative injunctions much easier to enforce than mandatory injunctions.

6

Balancing of hardships?

Most common report of trespass to land a nuisance. It granting the injunction is going to cause the defendant more hardship then there would be benefit to the plaintiff, he should not study. Equity we will only act when the benefit to the plaintiff outweighs the hardship to the defendant. But, there must be a gross disparity; defendants hardship must greatly outweigh plaintiffs benefit. Furthermore, defendant will still lose if defendants conduct was willful.
** note: hardship to the public will be considered.

7

What are the three defenses to injunction?

Unclean hands: for the conduct of the plaintiff to trigger this defense it must relate to the same transaction involved in the litigation, that is, the bad conduct must be in the same case.

Latches: which is the equitable equivalent of a statute of limitation. The time period starts to run when the plaintiff first knows that one of the plaintiffs rights has been infringed upon. The passage of time must have unreasonably prejudiced the defendant.

Freedom of speech, which applies when considering the toward defamation, false light, or publication of private facts about plaintiff. With these towards the right answer is injunctive relief tonight because of free speech problems.

8

What are the five key things remember on specific performance questions?

There must be a valid contract.
The contract conditions must have been satisfied.
In adequate legal remedy.
Feasibility of enforcement.
Defenses.

9

When does a contract condition become satisfied?

This can be by plaintiff having performed them, or by point of being ready, willing and able to perform but plaintiff has valid reason for not performing.

10

As to specific performance what is the major inadequate legal remedy issue?

If something is rare or unique, and money damages are inadequate to the person who wanted the item.
--land is always considered to be unique.
--uniqueness is tested at the time of litigation.

11

What are the two grounds for rescission?

Mistake: both mutual mistake and unilateral mistake.
--Mutual when mistake is about a material fact not merely collateral.
--Unilateral mistake not usually a reason for rescission. Except:
----rescission is appropriate the other party, the non-mistaken party, new or should have known of the others mistake.
----rescission is appropriate where the non mistaken party has not taken any steps in reliance on the contract.
----decision is appropriate where the mistaken parties hardship would outweigh the non-mistaken parties expectations.

12

When does reformation apply?

With Reformation there is a valid contract; it was mutual sent; there was a meeting of the minds. After the deal was agreed to the parties put it into writing and the writing does not conform to the original deal.