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13 Cards in this Set
- Front
- Back
Preliminary Injunction
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In issue is whether π can obtain preliminary injunctive relief. To do so, π must meet a two-part test:
(i) Irreparable injury (ii) Likelihood of success |
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Compensatory Damages (Tort)
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π is entitled to compensatory damages to put him in the position he would have been in had this wrong and resulting not occurred. On these facts...
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Consequential Damages (K)
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π may recover all related damages foreseeable at the time of formation of the contract.
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Replevin
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Replevin is a legal restitutionary remedy that allows the recovery of specific personal property wrongfully taken.
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Quasi-Contract
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Quasi-contract is a legal restitutionary remedy that is substitutional in nature. The π is awarded a sum of money measured by the reasonable value of the ∆'s ill-gotten gain. This obligation is imposed by law to avoid unjust enrichment.
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Constructive Trust
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Constructive trust is an equitable restitutionary remedy that is implied in law and imposed by equity courts when the retention of property by the ∆/wrongdoer would result in unjust enrichment. The court will treat the property as if it were held by the ∆ in trust for the π.
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Equitable Lien
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An equitable lien is an equitable charge on property imposed by law to prevent unjust enrichment. To impose an equitable lien on the ∆'s to secure a debt, it must be shown that (1) the wrongdoer misappropriated the π's property under circumstances creating a debt or obligation to pay; (2) π's property can be traced to property held by the ∆; and (3) the retention of the property would result in unjust enrichment.
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Bona Fide Purchaser
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Equitable rights are cut off by transfer of legal title to a bona fide purchaser. A bona fide purchaser is one who pays value and takes title without notice of the wrongdoing.
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Specific Performance
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Specific performance is a mandatory decree that orders a contracting party to perform; in order to apply, there must be a valid contract between the parties.
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Mutuality of Remedies Counter Argument
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A court will reject the mutuality argument if it feels secure that the π will perform.
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Unique (Personal Property)
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The law does not recognize personal property as unique.
However, personal property will be considered unique if: (1) it is one of a kind or very rare; (2) it has personal significance to the buyer; or (3) the circumstances make the chattel unique. |
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Reformation
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Reformation is an equitable remedy by which a court modifies or alters a contract to make it conform to the parties previous understanding or agreement. A court will allow reformation of a contract if: (1) a valid contract exist; (2) there are grounds to change the contract (e.g., mistake, misrepresentation, etc.); and (3) no valid defenses to reformation exist (e.g., unclean hands, laches, subsequent BFP, etc.).
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Rescission
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A court will allow reformation of a contract if: (1) there are grounds to rescind the contract (i.e., formation defense); and (2) no valid defenses to rescission exist (e.g., unclean hands, laches, etc.).
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