Bar Exam Remedies Flashcards

What is the core distinction between legal remedies and equitable remedies, and why does it matter on a Remedies essay?

When is the legal remedy (money damages) considered INADEQUATE, opening the door to equitable relief?

What four requirements must a plaintiff satisfy to recover compensatory damages?

What is the difference between general damages and special (consequential) damages?

What is restitution, what wrong does it remedy, and how is the recovery measured?

What is quasi-contract (implied-in-law contract), and what are its elements?

What is a constructive trust and when does a court impose one?

What is an equitable lien and how does it differ from a constructive trust?

What are the requirements for specific performance of a contract?

Why is specific performance routinely available for land-sale contracts?

What must a plaintiff prove to obtain a permanent injunction?

What four factors does a court weigh on a motion for a preliminary injunction?

What is rescission and what is its effect on the parties?

What are the grounds for rescinding a contract?

What is the equitable defense of laches and how does it differ from a statute of limitations?

What is the unclean-hands defense and what is its scope?