Declaratory Judgment

Declaratory Judgment

1. 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

2. 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
     • 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
     • 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
   • 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
     • Receiver
     • Accounting
     • Writ Ne Exeat
     • Attachment
   • Tort?
   • Contract?