Bar Exam Bar Exam Remedies 2 — Questions and Answers
Question 1: For a court to grant a permanent injunction, a plaintiff must typically show all of the following EXCEPT:
- Success on the merits of the underlying claim
- Irreparable harm in the absence of injunctive relief
- That the balance of hardships favors the plaintiff
- That the defendant acted with fraudulent intent throughout the dispute (Correct answer)
Correct answer: That the defendant acted with fraudulent intent throughout the dispute
The four traditional factors for a permanent injunction are success on the merits, irreparable harm, a favorable balance of equities, and no adverse public interest — fraudulent intent is not one of them.
Question 2: Specific performance is available as a remedy for breach of contract primarily when:
- The plaintiff wants to avoid the burden of calculating money damages
- The subject matter of the contract is unique and money damages are inadequate (Correct answer)
- The defendant acted in bad faith during contract formation or performance
- The contract involves a sale of goods with a price exceeding $500
Correct answer: The subject matter of the contract is unique and money damages are inadequate
Specific performance compels performance and is available when the subject matter is unique (such as real property or rare goods) so that money cannot adequately substitute.
Question 3: Under FRCP 65, a temporary restraining order (TRO) may be granted ex parte — without notice to the opposing party — when:
- The plaintiff posts a sufficient security bond with the court
- The defendant is believed to be a flight risk or foreign national
- Immediate and irreparable injury will occur before the opposing party can be heard (Correct answer)
- The plaintiff demonstrates a substantial likelihood of success on the merits
Correct answer: Immediate and irreparable injury will occur before the opposing party can be heard
An ex parte TRO is justified only when giving notice would not prevent the immediate and irreparable harm that would occur before a contradictory hearing can be held.
Question 4: The equitable defense of laches bars relief when:
- The plaintiff unreasonably delayed asserting their claim, causing material prejudice to the defendant (Correct answer)
- The plaintiff filed suit in a court lacking subject matter jurisdiction over the claim
- The plaintiff previously litigated the same claim and received a final judgment
- The plaintiff failed to name a required party in the original complaint
Correct answer: The plaintiff unreasonably delayed asserting their claim, causing material prejudice to the defendant
Laches requires both unreasonable delay by the plaintiff and resulting prejudice to the defendant, making it inequitable to grant the requested relief.
Question 5: A constructive trust is imposed as a remedial device to:
- Establish a formal trust where no written agreement was signed
- Administer the estate of a deceased person before probate is completed
- Protect the property of an incapacitated person from exploitation
- Disgorge property wrongfully obtained by the defendant and prevent unjust enrichment (Correct answer)
Correct answer: Disgorge property wrongfully obtained by the defendant and prevent unjust enrichment
A constructive trust is an equitable remedy that requires the wrongdoer to hold improperly acquired property for the rightful owner, preventing unjust enrichment.
Question 6: Rescission of a contract as an equitable remedy:
- Enforces the contract and awards the plaintiff the full benefit of the bargain
- Reforms the written contract to reflect the parties' true agreement
- Cancels the contract and restores the parties to their pre-contract positions (Correct answer)
- Requires the defendant to pay the plaintiff's expected profits from performance
Correct answer: Cancels the contract and restores the parties to their pre-contract positions
Rescission voids the contract and requires mutual restitution, returning each party to the status quo ante, and is available for fraud, mistake, duress, or failure of consideration.
Bar Exam Bar Exam Remedies 2
For a court to grant a permanent injunction, a plaintiff must typically show all of the following EXCEPT: