EQUITABLE DEFENSES
PLAINTIFF/CLAIMANT'S UNFAIR, SLEAZY, OR UNDERHANED CONDUCT
UNCLEAN HANDS
YOU MAY ASK THE COURT TO DO THIS OF THE DEFENDANT HAS WRONGFULLY GAINED TITLE TO PROPERTY AND YOU WANT THEM ORDERED TO RECONVEY IT TO YOU
CONSTRUCTIVE TRUST
A SELLER'S REMEDY IF HE DELIVERS GOODS AND THEY ARE ACCEPTED OR THEY ARE SPECIALLY MADE AND CAN'T BE RESOLD
PRICE ACTION
WHEN THE DEFENDANT HAS RECEIVED A BENEFIT AND FAIRNESS REQUIRES PAYMENT FOR THE VALUE OF GOODS OR SERVICES RECEIVED, WE CALL THIS CAUSE OF ACTION...
QUASI-CONTRACT OR QUANTUM MEROIT
THIS DOCTRINE PERMITS A JUDGE IN EQUITY TO RESOLVE ANY LEGAL ($) ISSUES THAT ARE INCIDENTAL TO A SUBSTANTIAL EQUITABLE CLAIM
EQUITABLE CLEAN UP
A VERY RARE TYPE OF INJUNCTIONTHAT FORCES PUBLIC INSTITUTIONS TO COMPLY
HINT: USED IN BROWN V. BOARD OF EDUCATION
STRUCTURAL INJUNCTION
YOU WAITED TOO LONG AND IT PREJUDICED THE DEFEFNDANT
LACHES
IF PROPERTY HAS BEEN IMPROPERLY OBTAINED BY DEFENDANT AND SOLD OR EXCHANGED TO NEW PROPERTY YOU WANT TO DO THIS
TRACING
PER THIS RULE, IF YOU BUY A SPECIFIC MODEL OF GOODS, YOU ARE ENTITLED TO RECEIVE THAT SPECIFIC MODEL OF GOODS
RULE OF PERFECT TENDER
THE BURDEN OF PROOF TO SHOW THAT THE PLAINTIFF FAILED TO REASONABLY MITIGATE DAMAGES IS ON THIS PARTY
DEFENDANT
IN THIS AMENDMENT TO THE CONSTITUTION PROVIDES A RIGHT TO A JURY TRIAL IN ISSUES OF MONETARY DAMAGES IVER $20.00
7TH AMENDMENT
THIS RULE SAYS IF PLAINTIFF COLLECTS FROM AN INDEPENDENT SOURCE, (SUCH AS INSURANCE), PLAINTIFF CAN STILL GET FULL RECOVERY FROM THE TORTFEASOR
COLLATERAL SOURCE RULE
YOU RELY ON THE OTHER PARTIES MISREPRESENTATION
EQUITABLE ESTOPPEL
WHERE DEFENDANT MAKES IMPROVEMENTS ON THEIR PROPERTY WITH YOUR MONEY, WHICH YOU CAN'T RECOVER, YOU ASK FOR THIS
EQUITABLE LIEN
PER THIS RULE OF PERFECT TENDER, YOU MUST GIVE THE SELLER THIS BEFORE YOU CAN SUE FOR NON CONFORMING OR DEFECTIVE GOODS
NOTICE AND AN OPPORTUNITY TO CORRECT
IF YOU ARE SEEKING SPECIFIC PERFORMANCE FOR A CONTRACT WHERE THE PROPERTY HAS BEEN SOLD TO A BONAFIDE PURCHASER YOU MAY NOT GET IT BECAUSE IT IS...
NOT FEASIBLE
THE PREVAILING PARTY CAN NOT GET ATTORNEY FEES IN A CONTRACT CASE UNLESS THIS
PROVIDED IN THE CONTRACT OR BY STATUTE
RULE OF DAMAGES THAT THERE WILL BE NO RECOVERY UNLESS THERE IS A BUT-FOR CONNECTION BETWEEN PLAINTIFF'S HARM AND DEFENDANT'S BEHAVIOR
DAMAGES MUST BE CAUSAL
GROSSLY ONE-SIDED OR UNFAIR SURPRISE (THE ABSENCE OF MEANINGFUL CHOICE) IN A CONTRACT
UNCONSCIONABILITY
GRATUITOUS GIFT GIVERS WHO CANNOT OBLIGATE OTHERS FOR UNJUST ENRICHMENT
A SELLER, WHO HAS DELIVERED GOODS TO AN INSOLVENT BREACHING BUYER, MAY DO THIS
RECLAIM GOODS
IF THE PARTIES MAKE A MISTAKE IN PUTTING AN ORAL AGREEMENT IN WRITING, THE COURT CAN REWRITE THE AGREEMENT TO REFLECT WHAT THE PARTIES INTENDED
REFORMATION
IF THE COURT FEELS THAT AN ATTORNEY CONTINGENCY FEE IS UNFAIR, IT CAN DO THIS
INVALIDATE IT OR MODIFY IT
A CONTRACT WHERE THE TERMS ARE UNFAIRLY OR OPPRESSIVELY GROSSLY ONE-SIDED WITH UNEQUAL BARGAINING POWER OF THE PARTIES OR HIDDEN PRINT
UNCONSCIONABLE
EXCISE IT, LIMIT IT, OR INVALIDATE IT
THE POWER OF AN EQUITY COURT TO PUNISH A DISOBEDIENT PARTY
CONTEMPT
IF DAMAGES ARE DIFFICULT TO CALCULATE AND YOU STATE A REASONABLE ESTIMATE OF WHAT THEY WOULD BE ON A BREACH IN THE CONTACT, THEY ARE KNOWN AS THESE
LIQUIDATED
IN ORDER TO GET "SPECIAL" OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS, THEY MUST BE _______ TO THE BREACHING PARTY
KNOWN OR FORESEEABLE
IF YOU ASK THE COURT FOR DECLARATORY RELIEF, YOU CAN USUALLY GET A JUDGMENT AND THESE DAMAGES
NOMINAL
AREA OF REMEDIES LAW THAT IS BASED ON THE RECOVERY OR UNJUST ENRICHMENT
RESTITUTION