Term
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Definition
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Term
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Definition
when money will not make the plaintiff whole, equitable remedies are available.
Telling someone to do something or stop doing something |
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Term
| crucial threshold showing to entitle one to equitable relief: |
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Definition
| there is no adequate remedy at law. |
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| inadequate remedy at law: |
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Definition
money damages are insufficient to fully compensate.
damages are uncertain or highly speculative
subject matter is unique
defendant is insolvent
compensation for the harm would require filing successive lawsuits.
where D's conduct is willful or ongoing. |
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| 4 features of equitable relief |
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Definition
personal
enforceable
discretionary
coercive |
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Term
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Definition
court order that either commands or prohibits some action.
can be sought as primary form of relief, or in addition to money damages. |
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Definition
| commands affirmative act by defendant |
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| commands defendant to abstain from acting. |
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Term
| distinction between temporary and permanent injunctions: |
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Temp: available prior to resolution of controversy on the merits.
Perm: order of court following complete hearing on the merits. |
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Term
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Definition
Preliminary injunction
TRO |
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Term
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Definition
Court order intended to preserve status quo, until resolution on the merits.
considered extraordinary remedy: will only be entered if serious harm would result. |
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Term
| 4 elements of prelim injunction |
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Definition
1. party must show they possess a clearly ascertainable right.
2. irreparable harm
3. That there is no adequate remedy at law.
4. likelihood of success on the merits. |
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Term
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Definition
| benefit ot plaintiff must greatly outweigh harm to defendant in granting preliminary injunction. |
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Term
| Seeking preliminary injunction: |
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Definition
Defendant is entitled to a hearing.
Trial court has great discretion in granting preliminary injunction. |
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Term
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Definition
| Emergency remedy, granted to preserve status quo while court considers whether to grant preliminary injunction. |
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Term
| 2 differences between TRO and prelim inj: |
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Definition
TRO can be entered without having a hearing, and without notice to the Defendant. (ex parte TROs last 10 days).
elements are the same as preliminary injunction. |
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Term
| appellate review of TRO or Preliminary Injunction: |
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Definition
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Term
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Definition
same as preliminary injunction, without the "likelihood of success on the merits" element.
CAR
irreparable Harm
no remedy at law |
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Term
| Order granting injunction: |
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Definition
should be reasonable and go no further than necessary to protect plaintiff's rights.
has to set forth reasons for entry, be specific in terms, and detail acts sought to be enjoined. |
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Term
| will courts enter injunctions for encroachment? |
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Definition
If intentional, yes!
uninentional, no! ...but if they become aware and still don't, then it's intentional! |
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Term
| injunctions and non-possessory interests: |
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Definition
| easements/covenants/etc: Courts will often grant injunctions to protect these things. |
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Term
| injunctions and defamation? |
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Definition
| RARE!! courts do not want to step into 1st amendment realms. |
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Term
| commercial interests that courts will sometimes protect with injunctions: |
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Definition
interfercence with contract
unfair competition
trade libel
trade secrets
trademarks
copyright
patent
right to publicity |
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Term
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Definition
| mandatory injunction in the context of a contract case. |
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Term
| 5 elements to show for specific performance |
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Definition
1. existence of valid contract.
2. legal remedies are inadequate.
3. enforcement is fair and feasible.
4. mutuality of performance (you have to perform your obligations before you ask someone to perform theirs)
5. absence of defenses. |
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Term
| If parties include a provision that says "this contract can be enforced by specific performance..." |
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Definition
| It's STILL up to the court. |
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Term
| Contracts to sell real property.... |
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Definition
| real property is ALWAYS unique; thus specific performance is very likely to be an appropriate remedy. |
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Term
| contracts for personal service... |
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Definition
| not generally enforced by spec performance! to tough to enforce. not feasible. |
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Term
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Definition
specific performance almost always available.
statute of frauds requires land sale contracts be in writing. |
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Term
| partial specific performance with abatement: |
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Definition
| if, in land sale, buyer is unaware of encumbrances when he makes the contract, he can sue for partial specific performance (for delivery of the land), with abatement (reduction in cost reflective of the encumbrance). |
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| Uniform vendor and purchaser risk act: |
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Definition
active in illinois.
Under that rule, liability for loss is determined by whether seller has transferred either title or possession.
If purchaser has taken neither, then purchaser doesn't have to go through with the deal and recover any money spent. |
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| covenants not to compete: |
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Definition
| Can be enforced, so long as covenant not to compete is ancillary to another contract. |
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Term
| reasonability of covenant not to compete |
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Definition
no greater than necessary to protect legit business interest
doesn't pose hardship on employee
not injurious to public |
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Term
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Definition
voiding a contract, and leaving the parties as if the contract had never been made.
a party can sue for a decree of recission or cancellation.
Courts are reluctant to use this power unless both parties can be put back in the pre-contract position.
One slightly more common situation: mutual mistake. |
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Term
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Definition
written contract can be reformed to reflect true intention of the parties.
elements:
valid contract
in writing
fails to express intent of parties. |
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Term
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Definition
| If instrument is delivered to bona fide purchaser without notice, then reformation will not be allowed. |
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Term
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Definition
"you must come to equity in equity."
won't defeat claim necessarily, but rather just the claim for equitable relief.
unclean hands
laches
collateral estoppel |
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Term
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Definition
party must not have engaged in any wrongdoing that relates to the specific transaction in question.
Misconduct has to be on THAT case, on THAT subject matter. |
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Term
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Definition
delay.
"sleeping on one's rights."
If Defendant has been prejudiced by the delay, even if the SoL hasn't run, P may be denied equitable relief. |
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Term
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Definition
| court may limit P's remedy to damages if there will be undue hardship on defendant or community |
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Term
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Definition
"you said it, the other person relied on, and now we're not going to let you come in here and deny it when it's convenient."
party misrepresents/conceals material fact.
other party didn't know represenations were false
reasonably foreseeable that party would rely
party did rely. |
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Term
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Definition
| arises when p is in possession of land and wants to remove a cloud from the title. |
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Term
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Definition
when title to property is improperly obtained, court will transfer legal ownership of property to plaintiff, and make current title holder a trustee.
D must have legal title to property, but would be unjustly enriched if he retained title. |
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Definition
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Term
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Definition
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| when there has been an alleged breach of fiduciary duty in which you have an interest, or some good reason to want to know what is going on with some money, court can force the person to produce the information. |
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Term
| enforcement of equitable remedies: |
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Definition
| contempt power. court can bring citation and proceeding against party who has not complied with injunction. can be civil or criminal. can be prison time. penalty has to specify how defendant can clear themselves. |
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