Equity Flashcards
What are the types of common law remedies?
1) Order to pay money for damages; and 2) order of possession of goods (land or goods).
Which has more remedies equity or the common law?
Equity.
What are the equity remedies?
1) Account; 2) injunction; 3) specific performance; 4) rescission; 5) rectification; and 6) relief and forfeiture; etc.
Which has more formalities equity or the common law?
Common law.
What’s a remedy?
Cure to fix a legal-problem.
What’s a primary right?
rights created by other than wrongs.
Give two examples of how primary rights arise.
1) through consent; and 2) being born.
What’s a secondary right?
Rights that arise upon a breach of a primary right.
What is a court order?
Court giving effect to a right.
What’s a non-coercive order?
Guidance by the court without a demand.
What’s an Injunction?
An equitable remedy.
What are the two types of injunctions and their sub-types?
1) prohibitive; and 2) mandatory. Sub type for both are interim and perpetual.
What’s a prohibitive injunction?
An injunction that stops x from doing y.
What’s a mandatory injunction?
An injunction that makes x do y.
What’s the difference between a perpetual and interim injunction?
Perpetual lasts forever, while interim is temporary.
