Remedies 3

Question 1

UCC restitutionary damages

Answer 1

buyer right of replevin for goods ID’d in K after reasonable effort, unable to effect cover (insufficient $)

Question 2

quasi-K restitutionary damages

Answer 2

court may create quasi-K where there is UE but no enforceable K, such as emergency services, or where there is a mistake, fraud, or misrepresentation. It seeks to have D repay value rendered by P

Question 3

equitable remedies

Answer 3

injunctive relief

Question 4

when are equitable remedies available? (3)

Answer 4

1. land-sale contract equitable conversion (buyer has equitable title)
2. unique goods
3. capable of immediate performance (requirements/output K)

Question 5

kinds of equitable remedies (4)

Answer 5

1. temporary injunction
2. specific performance
3. rescission
4. reformation

Question 6

specific performance

Answer 6

requires D to perform under K when VCIFD

Question 7

specific performance VCIFD

Answer 7

1. valid K
2. conditions for performance met
3. inadequate legal remedies
4. feasibility of enforcement
5. defenses

Question 8

specific performance: valid K

Answer 8

P must show terms are more definite and certain than for a $ damages clause

Question 9

specific performance: conditions for performance met

Answer 9

p has performed, is ready and able to perform, or excused from performance

Question 10

specific performance: conditions for performance met – abatement (if deficient quantity or performance by P)

Answer 10

IF SP should be granted with defect, court will lower the purchase price to take defect into account