Other Specific Relief Multiple Choice Flashcards
(8 cards)
In what matter is the remedy of replevin effectuated?
A. The court issues an order requiring the defendant to immediately turn over the
property to the plaintiff, and the defendant can be found in contempt if the order Is not obeyed.
B. The court enters judgment in favor of the plaintiff for the property, and the
county sheriff can then execute on the judgment by entering the defendant’s residence and retrieving the property
C. Either A or B
D. None of the above.
C
Buyer purchases a waffle restaurant from Seller. In the contract, Seller agrees not to
open another breakfast restaurant within one mile for a one-year period. But three months later, Seller opens a pancake restaurant across the street. Sales at Buyer’s restaurant decreases significantly. What remedy is a court most likely to award in a breach of contract lawsuit filed by Buyer.
A. Rescission to cancel the contract
B. Reformation so the contract requires Seller not to open a pancake restaurant
C. Damages for lost profits
D. Restitution for the purchase price of the restaurant
C (Reformation only good if there is mistake or fraud)
Sam comes across what appears to be an abandoned cabin in the woods. He
moves in and lives there for over a year. In fact, the cabin belongs to Larry, who rarely uses it. When Larry finds out about Sam, he asks him to leave, but Sam refuses. What remedy will allow Larry to regain possession of the cabin?
A. Specific performance
B. Restitution
C. Constructive trust
D. Ejectment
D
- Doug steals Polly’s pocket watch, a family heirloom that has been passed down through several generations. It is in excellent condition and worth over $50,000. What remedy will allow Polly to get the watch back?
A. Damages
B. Restitution
C Replevin
D. Rescission
C
Bill contracts with a shopping mall to lease a retail space for 36 months with rent of
$500 a month, plus 3% of the gross revenues. The lease provides that 1) the company will have the only bakery store in the Mall; and that 2) Bill will keep the store open on a daily basis during regular business hours. Three months into the lease, Bill finds that the operation of the business is too costly, and that it would be cheaper to go out of business and pay off the lease. The Mall owners sue Bill and ask for specific performance of the lease. How is the court most likely to rule?
A. The court will dismiss the action because of the difficulty of supervision.
B. The court will dismiss the action because damages are an adequate remedy at
law.
C. The court will grant the shopping mall’s request and order Bill’s company to operate a bakery in the Mall for the remainder of the lease-counts wiry to order.
D. The court will deny the request because the parties were obviously mistaken
when they entered into the lease.
A (it will be difficult to enforce the rule once the bakery is operative)+(Courts are unlikely to order performance of service)
Gary agrees to sell a parcel of bare land to Gretchen for $10,000. Gary believes the parcel he is selling is one acre. In fact, the land is much smaller, only half an acre. After signing the contract, Gretchen discovers the true size of the parcel. She does not want to pay $10,000 for it because that is far more than half an acre is worth. What remedy should Gretchen pursue in a lawsuit against Gary?
A. Compensatory damages, for fraud
B Rescission, to cancel the contract based on mutual mistake
C. Reformation, to reform the contract terms to reflect the true understanding of
the parties at the time of contracting.
D. Specific performance, to compel Gary to perform the terms of the contract.
B (Reformation not proper because the changes would significantly after)
Which of the following is required for specific performance?
A. Adequate remedy at law
B. A clear showing of damages
C. Clear and definite terms
D. The defendant would not be disproportionately harmed by enforcement
C
Which remedy enforces a contract according to its terms?
A. Reformation
B. Rescission
C. Specific performance
D. Replevin
C
