Explore the legal terms and concepts related to Contract - Equitable Remedies. Click on any term below to learn more about its definition and applications.
When assessing reformation, what constitutes sufficient grounds?
Reformation will be granted where the parties made a mutual mistake, or where one party made a misre...
What is reformation?
Reformation is the process of changing a written agreement to conform to the parties' original under...
What happens if a plaintiff is entitled to rescission but has already performed?
If a plaintiff is entitled to rescission and has previously rendered performance on the contract, th...
How does election of remedies affect a claim for rescission?
When a plaintiff files a lawsuit, they must elect which remedies they seek. If a plaintiff decides t...
Will courts grant rescission for a unilateral mistake?
Generally, rescission is denied in the case of unilateral mistake, unless the non-mistaken party kno...
What type of mutual mistake is sufficient for rescission?
For rescission to be proper, a mutual mistake must go to a material fact. If a mutual mistake involv...
What are the defenses to formation?
Defenses to formation include mistake, misrepresentation, coercion, undue influence, lack of capacit...
What is the part performance exception to the Statute of Frauds?
Where a party has rendered valuable part performance in reliance of an oral contract involving land,...
What are common defenses to specific performance?
Defenses include unclean hands, laches, mistake, misrepresentation, unconscionability (measured at t...
When assessing specific performance, how do courts weigh feasibility of enforcement?
Courts will not specifically enforce personal services contracts, because they pose an involuntary s...
If a contract has a liquidated damages clause, is specific performance still an option?
It depends. Where a contract contains a liquidated damages clause, money damages are not de facto ad...
When assessing specific performance to acquire a unique piece of property, when is uniqueness tested?
Uniqueness is tested as of the time of litigation, not contract formation.
When is personal property considered unique enough to trigger specific performance?
Most personal property is not considered unique, unless: (1) it is one-of-a-kind or very rare, (2) o...
When assessing whether money damages are inadequate for specific performance, why does it matter whether a piece of property is unique and what kind of property is always unique?
If property is unique, the plaintiff could not replace the item with money damages. All real propert...
When assessing specific performance, why are money damages sometimes an inadequate legal remedy?
The basic alternative to specific performance is money damages, which may be inadequate because (1)...
When applying specific performance to a land purchase contract, what happens if a buyer breaches a "time is of the essence" clause with a forfeiture clause?
Land sale contracts sometimes expressly state that "time is of the essence" and contain a forfeiture...
When applying specific performance to a land purchase contract, what happens if the quantity of land is in dispute?
If the seller is the plaintiff, they can specifically enforce the contract if the defect is minor, b...
When assessing specific performance, what must the status be of a plaintiff's contractual conditions?
A plaintiff must show that their conditions have been fulfilled, meaning that they already performed...
What is specific performance and when it is applicable?
Specific performance is a remedy where the court orders a defendant to perform the contract. To suc...
What are defenses to rescission?
Defenses to rescission include unclean hands and laches. Negligence of the defendant is not a good d...
What is rescission?
Where a court grants rescission, the original contract is considered voidable and rescinded. Grounds...
What are equitable remedies in contract?
Equitable remedies in contract consist of (1) specific performance, (2) rescission, and (3) reformat...
