EQUITABLE REMEDIES

INJUNCTIVE RELIEF TYPES AVAILABLE
(1) Mandatory (2) Prohibitory (3) Temporary Restraining Order (4) Preliminary (5) Permanent Inadequacy of Legal Remedy (1) multiplicity of litigation (2) difficulty in measuring damages (3) injury caused to P is irreparable (4) Willful nature of D s conduct

RELIEF IN CONTRACTUAL RELATIONSHIPS
(1) Specific Performance (2) Rescission of K (3) Reformation

SPECIAL FORMS OF EQUITABLE RELIEF
(1) Suits to Quiet Title (2) Constructive Trust (3) Equitable Liens (4) Subrogation SUITS TO Q UIET T ITLE -P possessing the land seeks to vindicate his or her interest by having the court clear title to the property CONSTRUCTIVE TRUST Does not arise from express intent of settlor but rather is fraud rectifying to prevent unjust enrichment, without regard to the intention of the parties to compel restoration

GROUNDS FOR RELIEF

SPECIFIC PERFORMANCE (1) Remedy at law is inadequate (2) K is definite and certain (3) Any conditions precedent are met (4) Enforcement operates equitably (5) Enforcement is feasible RESCISSION (1) (2) (3) (4) (5) (6) (7) (8) Misrepresentation Mistake Illegality Failure of Consideration Lack of Capacity Impossibility of performance Duress Undue Influence REFORMATION (1) Fraud (2) Mutual Mistake (3) Unilateral Mistakemistake in inducement not applicable RESCISSION It is necessary that the grounds for rescission must occur at or before the time when the contract was entered into. If this requirement is met, then the K is voidable at the option of the affected party. To invoke Rescission, party must have restored whatever they received by K (restitution) REFORMATION (1) Necessity of valid original contract (2) The agreement must be embodied in a writing (3) The writing fails to express accurately the agreement of the parties

TEST FOR APPROPRIATENESS OF RELIEF

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ENFORCEABILITY OF THE DECREE, AND BALANCING OF THE
HARDSHIPS

SUIT TO Q UIET T ITLE Only legal titles may be quieted, i.e., a holder of an equitable claim may not file against the holder of the legal title. Also, courts frequently hold that a this remedy is restricted to a party in possession since ejectment is an adequate legal remedy for one out of possession. CONSTRUCTIVE TRUST (1) D has legal title to specific property (res) which rightfully belongs to the claimant (2) Retention of property by D would result in unjust enrichment; (3) Remedy at law is inadequate (i.e.

copyrights. (2) Fraudulent misrepresentation where P chooses Rescission as alternative to money damages (3) Mutual Mistake in essence of the K (4) Unilateral mistake if mistake is material and will cause mistaken party to suffer undue hardship INTERESTS PROTECTED INTERESTS DENIED REAL PROPERTY INTERESTS (1) ENCROACHMENT (2) SIMPLE A CTS OF T RESPASS (3) INDUSTRIAL NUISANCE (4) PUBLIC NUISANCE RESTITUTION K S NOT SPECIFICALLY ENFORCED (1) PERSONAL SERVICE KS (2) EMPLOYMENT K S (3) C ONSTRUCTION KS RESCISSION DENIED (1) LACHES (2) UNCLEAN H ANDS (3) ELECTION OF R EMEDIES DEFENSES TO REFORMATION (1) LACHES (2) SALE TO A BONA FIDE PURCHASER (3) PAROL EVIDENCE R ULE (4) STATUTE OF FRAUDS (5) NEGLIGENCE AVAILABLE DEFENSES . unfair competition. customer list cases) (6) Non-proprietary Rights (threatened assault and battery. trade names. Inducing breach of K. domestic relations cases. trademarks. threatened or actual defamation of character) SPECIFIC PERFORMANCE (1) land sale contracts (2) covenants not to compete (3) Ks for the sale of rare or irreparable chattels (4) Ks for the sale of closely held corporate stock (5) Ks to insure or indemnify when there would be difficulty in getting other insurance (6) Ks for which damages are too speculative RESCISSION (1) Innocent misrepresentations where no recovery at law for monetary damages.insolvency of D) (1) Unique Chattels (2) Land Damage (3) Non-Possessory Interests in Land (4) Equity Will Restrain Waste (5) Intangible Property Interests (Fair competition. patents. trade secrets. right to privacy.

RESTITUTIONARY REMEDIES MONETARY REMEDIES .

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