144085
Beschreibung
Mindmap von paula.angelique, aktualisiert more than 1 year ago
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Erstellt von paula.angelique
vor fast 11 Jahre
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Declaratory Judgment
- 1) an actual justiciable
controversy
- 2) Court has power to declare rights,
status, and other legal relations
(doesn't matter if further relief could be
claimed.
- 3) Declaration can be affirmative or
negative in form and affect
- 4) had the force and effect of a final
judgment
- 4) had the force and effect of a final
judgment
- 3) Declaration can be affirmative or
negative in form and affect
- 2) Court has power to declare rights,
status, and other legal relations
(doesn't matter if further relief could be
claimed.
- Ask: What's more important, the K
remedy or preserving the status
quo?
- IF K Remedy, then:
- Recission
- Abrogates the K completely
and each party is returned to
his previous existing rights
- 1) must have a K
- 2) Must be able to place the
other party in the status quo
ante contractus
- 3) Recission must be total
- 4) Grounds for
Recission must occur at
or before the time when
the K was entered into
- Grounds
- Fraud (may
also sue at
law for
damages,
but remedies
are mutually
exclussive
- Misrep of a
material fact
- Mutual
mistake
of a
material
fact or
law
- Undue
Influence or
Duress
- Illegality
- Lack of Capacity
- Failure/No consid
- Repudiation/Anticipatory
repudication
- Fraud (may
also sue at
law for
damages,
but remedies
are mutually
exclussive
- Grounds
- 4) Grounds for
Recission must occur at
or before the time when
the K was entered into
- 3) Recission must be total
- 2) Must be able to place the
other party in the status quo
ante contractus
- 1) must have a K
- Abrogates the K completely
and each party is returned to
his previous existing rights
- Reformation
- When the actual writing
doesn't conform to the
agreement of the parties;
designed to make the
instrument speak the true
intent of the parties
- Elements
- Must have been a meeting
of the minds (Valid K)
- a mutual mistake in
executing an instrument
which doesn't express the
parties intent, or
- a mistake on the part of
one party and conduct on
the part of the other so as
to render it inequitable to
deny a mutual mistake
- Scriveners error
- Hightened Standard of
proof - clear and convicing
- Hightened Standard of
proof - clear and convicing
- Scriveners error
- a mistake on the part of
one party and conduct on
the part of the other so as
to render it inequitable to
deny a mutual mistake
- a mutual mistake in
executing an instrument
which doesn't express the
parties intent, or
- Must have been a meeting
of the minds (Valid K)
- When the actual writing
doesn't conform to the
agreement of the parties;
designed to make the
instrument speak the true
intent of the parties
- Specific Performance
- A mandatory injuction
in a contractural
setting.
- Elements
- 1) Valid K that is definite and certain
- 2) Remedy at law is inadequate
(real property/unique chattels)
- 3) Any conditions precedent
are met/excused
- 4) Mutuality of remedy exists
- Both parties are
capable of performing
and the court can
sufficiently secure the
Plaintiff's counter-
performance.
- 5) Enforcement is feasible
- 6) there are no defenses
available to the defendant
- 6) there are no defenses
available to the defendant
- Both parties are
capable of performing
and the court can
sufficiently secure the
Plaintiff's counter-
performance.
- 4) Mutuality of remedy exists
- 3) Any conditions precedent
are met/excused
- 2) Remedy at law is inadequate
(real property/unique chattels)
- 1) Valid K that is definite and certain
- A mandatory injuction
in a contractural
setting.
- Recission
- If to Preserve the status quo, then:
- Injunctions
- is an equitable write commanding the rs to
perform or to abstain from conduct; A
mandatory injunction directs performance of a
specific act
- TRO
- Preliminary Injunction
- is an equitable write commanding the rs to
perform or to abstain from conduct; A
mandatory injunction directs performance of a
specific act
- Receiver
- Accounting
- Writ Ne Exeat
- Attachment
- Injunctions
- Tort?
- Contract?
- IF K Remedy, then:
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