Remedies 6

Question 1

Can P entitled to rescission already performed get restitutionary relief?

Answer 1

Y

Question 2

Rescission: defenses (2)

Answer 2

1. laches (unreasonable, prejudicial delay before SOL)
2. unclean hands

Question 3

Rescission: NOT a defense (will not prevent rescission)

Answer 3

P’s negligence

Question 4

Reformation

Answer 4

modifies a written K so as to conform with parties’ original understanding

Question 5

Reformation components (3)

Answer 5

VGD:
1. valid K
2. grounds for reformation
3. defenses

Question 6

Reformation: grounds for reformation (3)

Answer 6

1. mutual mistake
2. unilateral mistake
3. misrepresentation

Question 7

Reformation: mutual mistake

Answer 7

both pts believed writing conformed

Question 8

Reformation: unilateral mistake

Answer 8

one pt knows that writing does not conform

Question 9

Reformation: defenses (2)

Answer 9

1. laches (unreasonable, prejudicial delay before SOL)
2. sale of subject matter to BFP

Question 10

Reformation: NOT defenses (3)

Answer 10

1. P’s negligence
2. SOF
3. PER