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Chapter 8

LGLS 1101 Chapter Notes - Chapter 8: Life Insurance, Specific Performance


Department
Legal Studies
Course Code
LGLS 1101
Professor
Hodge
Chapter
8

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3/26/17
Remedies in Equity Video Notes
When money just won’t do it; Need justice/fairness to make up for it
Types of Remedies in Equity
oInjunction
oReformation
oRestitution
oDeclaratory Judgment
oSpecific Performance
Adequate remedy at law does not exist
Remedies in Equity: Injunction
oMandatory Injunction
Court directing a person to do something
Ex: Court order for striking employees to go back to work
Doesn’t care about getting money from the union
oPreliminary
Used in an emergency situation before a full hearing
Ex: If shown that irreparable ham may occur, could will grant relief
until a full hearing on the merits
Followed by a full hearing
oProhibitory
Court order directing a person to refrain from doing something
Ex: Employees picketing in front of hospital doors, causing people
trouble to get in and out
Prohibiting them from blocking doors
oTemporary Restraining Order (TRO)
Ex parte hearing—defendant unaware/not there
Defendant not told of proceeding
Must show irreparable harm
Tough burden of proof
Ex: Woman who is being abused by a spouse
Keep spouse away from woman until there is a hearing
Remedies in Equity: Restitution
oPrevent unjust enrichment
oDamages are determined by defendant’s gain
oEx: Company B has been drilling oil from property; Company A next door
decides they want to do the same thing
Turns out the oil is mainly on A’s land, only a little bit on B’s
B has been pumping up oil that belongs to A
A finds out and wants to be compensated
Can’t sue for trespassing or breach of contract
Go to court and ask for restitution
Not fair that Company B is making profit belonging to
Company A
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