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Mapa mental

Declaratory Judgment

paula.angelique Remedies Postgraduate Inglês

Conteúdo do mapa

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?

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Descrição
Postgraduate Remedies Mapa Mental sobre Declaratory Judgment, criado por paula.angelique em 06-07-2013.
Criado por
paula.angelique
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