HI Bar Remedies 2

Question 1

A preliminary injunction requires the moving party to show all of the following EXCEPT:

Accepted Answer

That money damages would be an adequate remedy

Answer

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.

Question 2

The equitable doctrine of 'clean hands' bars relief when:

Accepted Answer

The plaintiff engaged in inequitable conduct related to the subject matter of the suit

Answer

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.

Question 3

Specific performance is most commonly granted for contracts involving:

Accepted Answer

Unique goods or real property

Answer

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.

Question 4

A mandatory injunction differs from a prohibitory injunction in that it:

Accepted Answer

Commands a party to perform an affirmative act rather than refrain from acting

Answer

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').

Question 5

Rescission as a contractual remedy is available when:

Accepted Answer

The contract was induced by fraud, mutual mistake, or failure of consideration

Answer

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.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Remedies 2