Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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THIS SITE IS NOT AFFILIATED WITH, APPROVED BY, OFFICIALLY REPRESENTATIVE OF OR FINANCIALLY SUPPORTED BY CONCORD LAW SCHOOL OR ITS AFFILIATES OR PARENT COMPANIES.

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I have no set schedule of posting, but I hope you will check in from time to time.

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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.

I. Injunction

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.

     5. Defenses

          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.

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