Remedies Flashcards
7 cards from real HI BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Remedies flashcards as text
A preliminary injunction requires the moving party to show all of the following EXCEPT:
Answer: That money damages would be an adequate remedy
A preliminary injunction requires the movant to show likelihood of success, irreparable harm, a favorable balance of equities, and no disservice to the public interest — the movant must show damages are INADEQUATE, not adequate.
The equitable doctrine of 'clean hands' bars relief when:
Answer: The plaintiff engaged in inequitable conduct related to the subject matter of the suit
The clean hands doctrine denies equitable relief to a plaintiff whose own inequitable or unconscionable conduct is directly related to the controversy before the court.
Specific performance is most commonly granted for contracts involving:
Answer: Unique goods or real property
Specific performance is granted when money damages are inadequate, typically for unique goods or real property, because each parcel of land is considered legally unique and cannot be replaced with money.
A mandatory injunction differs from a prohibitory injunction in that it:
Answer: Commands a party to perform an affirmative act rather than refrain from acting
A mandatory injunction commands affirmative action (e.g., 'tear down the fence'), while a prohibitory injunction restrains a party from acting (e.g., 'do not build the fence').
Rescission as a contractual remedy is available when:
Answer: The contract was induced by fraud, mutual mistake, or failure of consideration
Rescission voids the contract ab initio and is available when consent was undermined by fraud, mutual mistake, misrepresentation, or failure of consideration, restoring both parties to their pre-contract positions.
The equitable doctrine of laches bars relief when:
Answer: The plaintiff unreasonably delayed bringing suit and the defendant was prejudiced by the delay
Laches bars equitable relief when the plaintiff unreasonably delayed asserting their rights AND the defendant suffered prejudice as a result of that delay; both elements are required.
A permanent injunction requires the plaintiff to demonstrate:
Answer: Success on the merits and that legal remedies are inadequate
A permanent injunction requires the plaintiff to succeed on the merits and show that legal remedies are inadequate to remedy the continuing or threatened harm.