INJUNCTIONS RESCISSION

GENERALLY: discretionary; req’s lack of adequate remedy at law & GENERALLY: cancel a void or voidable K; affirmation of K after
feasible enforcement; can be enforced by crim or civil contempt. learning of grounds for rescission bars remedy.
PREJUDGMENT INJ: issued pending trial to preserve status quo. FRAUD: pled w/ particularity & defrauded pty offers to restore
Temporary Restraining Order (TRO): effective until prelim’y inj benefit received from K.
hearing, max 30 days; issued ex parte if (1) immediate & irreparable MISTAKE: pled w/ particularity, unilateral or mutual, neg is a
loss will result before hearing & (2) reason notice shouldn’t be req’d. defense unless non-mistaken pty has not been prej by mistake.
Interlocutory Inj: effective until final judgment of pending suit; no NON-PERFORMANCE: must be mat; ptys can be restored to pre-K.
ex parte issuance; req’s (1) sub threat P will suffer irreparable harm, UCC: seller – wrongful rejection, failure to pay on/before
(2) P’s hardship outweighs D’s hardship, (3) public int not disserved, delivery, or repudiation; buyer – failure to deliver, repudiation,
& (4) likelihood of success on merits. or rightful rejection/revocation of acceptance.
FINAL INJ: issued after final decree of case; req’s (1) P will suffer RESTITUTION
irreparable harm, (2) P’s hardship outweighs D’s hardship, (3) GENERALLY: P conferred benefit on D & D’s retention is unjust.
public int not disserved, & (4) lack of adequate remedy at law. CONSTRUCTIVE TRUST: (1) D holds title to prop, (2) D’s retention of
PROPERTY INT: prop unique & dmgs inadequate. prop violates equitable principles, & (3) legal remedy inadequate
Future Trespass: inj not ok unless injury irreparable in dmgs, D (incl insolvency of D); tracing – may impose on exchanged prop;
insolvent, or multiple lawsuits necessary. not allowed against BFP w/out notice.
Encroachment: focus is relative hardship; intent’l – P entitled to inj EQUITABLE LIEN: (1) D holds title to prop, (2) P’s services improve
if D has notice; innocent – P entitled to inj unless D’s hardship to prop, (3) D’s retention violates equity, (4) legal remedy
remove structure sig greater than P’s injury. inadequate; P’s lien has priority over unsecured creditors.
Easement: inj ok if D interferes w/ P’s rts unless hardship SUBROGATION: P conferred benefit to D & D used benefit to
disproportionate; self-help ok if no br of peace; P must gen first ask D discharge an obligation or lien; P takes priority of lienholder.
to remove obstruction; P liable for unnec’y dmg to D’s land. REFORMATION
Waste: inj ok to prevent affirmative; not ok for permissive; ok for REFORMATION: (1) agreement exists, & (2) written K fails to reflect
ameliorative if D’s prop int is short duration; P must have clear title. agreement due to mutual mistake or fraud.
Nuisance: private – balance equities; public – inj ok if crim punish DEFENSES: BFP rts, neg of pty seeking reformation, 7 yr statute of
inadequate, final inj not ok for public entity D w/ rt to take the prop. limitations, laches, unclean hands.
PERSONAL INJURY: inj ok if D’s conduct ongoing & P at risk. NON-DEFENSES: parol ev rule, statute of frauds.
BUSINESS/CONTRACT: interfere w/ K – inj ok bc threat of loss of OTHER REMEDIES
unique opp; trade secret – inj ok even w/out K. DECLARATORY JUDGMENT: actual controversy of legal rt/status;
SPECIFIC PERFORMANCE judgment can’t prej rts of 3rd pty; (eg, land border dispute; K terms).
GENERALLY: (1) K exists, (2) K terms are certain, (3) conditions for NE EXEAT: restrain person from leaving JX of state (eg, pty jointly
perf are satisfied, (4) dmgs are inadequate (eg, prop unique or P responsible for perf a duty; pty about to remove prop other pty has int in).
can’t cover), (5) relief is equitable, & (6) enforcement is feasible. QUIA TIMET: quiet title action to cancel an instrument that clouds
LAND SALE K: SP gen ok, may incl price abatement; seller can’t title or resolves disputed title claims.
convey more rts than he has; must satisfy statute of frauds. BILL OF PEACE: confirm rt previously established by more than 1
Equitable Conversion: equitable lien secures payment; casualty risk trial likely to be litigated again (avoid multiplicity of actions).
of loss on buyer if seller not at fault & K conditions satisfied; can’t TROVER: P seeks return of personal prop wrongfully taken or
compel payment for ins maintained by other pty; dead seller prop retained; can be in addition to or in lieu of dmgs.
held in trust for buyer; no equitable int in option until exercised. EJECTMENT: P shows title to land & rt to immediate possession; D
NON-COMPETE: SP ok if restrictions reas in time, geographic dispossessed of land & P entitled to dmgs for value of use; D may
area, & scope of prohibited activity; ct can modify. be entitled to offset value of improvements if P seeks dmgs.
Relationship: employee regularly solicited customers, made sales, WRIT OF MANDAMUS: compel public officer to perform ministerial
perf manager duties, or perf duties of key prof’l; distr’r & manuf’r; duty (no discretion or gross abuse of discretion).
lessor & lessee; p’ship & ptner; franchise; seller & buyer of business. WRIT OF PROHIBITION: restrain subordinate ct from exceeding JX.
Time: employee – during term & 2 yrs after presumed reas; seller of QUO WARRANTO: challenge rt to perf duty of public office (not gov).
business – presumed reas if no more than longer of 5 yrs or period of EQUITABLE DEFENSES
payments; other – 3 yrs after presumed reas. UNCLEAN HANDS: P denied equitable relief if P engaged in
Area: where employer does business during relationship & total area misconduct closely related to claim (bad faith).
reas or list of specific competitors prohibited. LACHES: unreas delay in pursuing equitable relief caused D prej.
Scope: type of business; solicitation of business from customers w/ EQUITABLE ESTOPPEL: (1) intentional or grossly negligent, (2)
mat contacts; non-disclosure of conf’l info. deception by P, (3) misleads D, & (4) D relies to D’s detriment.