Tuesday, January 26, 2010
5 - Contract Remedies - Injunction
CONTRACT REMEDIES – Injunction
PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL. IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR. IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.
A. Specific Performance. The elements of specific performance are:
1. There must be a definite and certain contract.
2. There must be an inadequate, legal remedy at law.
3. The decree must be feasible. Look for jurisdictional and supervisional problems, but note that the feasibility falls within the discretion of the court.
4. Mutuality of Remedy
a. The traditional/strict view that each side must have the remedy of specific performance, is no longer followed.
b. The Modern view is seen in the need for security for performance. In other words, one party should not be compelled to perform unless assured that the other party will perform.
a. Statute of Frauds
b. Statute of Limitations
c. The Doctrine of Unfairness
d. The Doctrine of Bona Fide Purchasers
Professor Doug Holden
© 2010 Douglas S. Holden. All Rights reserved.