Term
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Definition
| Law permits it when title is obtained through actual fraud, undue influence duress through any other means rendering it unconscionable. |
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Term
| Injunctions - Persons bound |
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Definition
| 1. Parties, their agents or other psons in contact |
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Term
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Definition
1. She will suffer irreparable harm
2. Damages not adequate
(Designed to fix institutional structures) |
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Term
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Definition
1. Why the junction has been issued
2. State terms specifically
3. Describe in reasonable detail without reference. |
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Term
| permanent injunction elements |
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Definition
1.She will suffer irreparable harm
2. Damages at law not adequate |
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Term
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Definition
| Restitution is available as a remedy when defendant woudl be unjustly enriched and it would be unconscionable to let him keep his ill gotten gains |
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Term
| Declaratory Judgement and Elements |
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Definition
1. Adverse Party
2. Valuable legals right thought to be infringed
3. Lends itself to judicial determination
4. Definitive judgment |
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Term
| When will damages at law be inadequate (to get an injunctino) |
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Definition
1. Unique or special entitlement
2. Wrong is repeatable
3. Remedy available in theory but not avialbe
4. Unmeasurable with certainty |
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Term
| Exceptions to In pari delicto |
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Definition
1. excusable ignorance
2. Plaintiff is victim of fraudlently, duress or misconduct
3. recovery will be preventative
4. THe plaintiff is within a class of people whose protection is made if illegal |
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Term
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Definition
| General rule against restitutionary claims where a contract cannot be enforced due to illegality |
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Term
| Modification of an injunction |
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Definition
1. changed facts make compliance onerous
2. Unforseen obstacles make unworkable
3. statutory /decisional law changed to make legal what degree prevented. |
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Term
| Modification exceptions / caveats |
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Definition
1. No modification should be granted where party relies on events that were anticipated at the time of decree.
2. modification may not violate the basic purpose. |
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