Deck 7: Judicial Remedies

Question 1

Delay resulting in a prejudicial change does not defeat equity.

Answer 1

False

Question 2

Nominal damage clauses are found in some contracts and specify the sum due in the event a party breaches a contract where the actual loss incurred is difficult to determine.

Answer 2

False

Question 3

The Hadleys ran a flourmill in Gloucester.The crankshaft attached to the steam engine in the mill broke, causing the mill to shut down.The shaft had to be sent to a foundry located in Greenwich so that the new shaft could be made to fit the other parts of the engine.Baxendale was a common carrier that transported the shaft from Gloucester to Greenwich.The freight charges were collected and Baxendale promised to deliver the shaft the following day.It was not delivered for a number of days, however, and as a result, the mill was closed for those days.What will be the critical issue in determining whether the Hadleys may recover their lost profits for the time the mill was closed?

A) If the damages were reasonably foreseeable by the defendant as a result of the breach and if they can be established with a reasonable degree of certainty
B) If Baxendale committed a tort in breaching the contract
C) If restitution would be not be an appropriate equitable remedy
D) If the special damages were greater than the general damage

Answer 3

A

Question 4

An injured party has no obligation to minimize damages.

Question 5

Joe Jones entered into a written contract with Smith Department Store to buy a television for $350.Ten other stores in the area are selling the identical television for $400.Joe attempted to give Smith Department Store the $350, but it refused to go through with the contract.Joe sued Smith Department Store for breach of contract in a court that hears both equity and common law cases.Joe will be awarded

A) specific performance.
C) $350.
B) $400.
D) $ 50.

Question 6

Today, most courts in the United States are empowered to grant both equitable or legal relief.

Question 7

Mental anguish and pain and suffering are examples of specific damages.

Question 8

Common law remedies differ from equitable remedies in that common law remedies

A) are the award of money damages.
B) require a party to take or refrain from taking some action.
C) are only awarded when the conscience of the court is shocked.
D) None of the above is correct.

Question 9

Common law relief follows from an injury resulting from

A) a tortious act.
C) either a tortious act or a breach of contract.
B) a breach of contract.
D) None of the above is correct.

Question 10

Injunctive relief is appropriate to prevent crime.

Question 11

An ex parte-injunction is granted without prior notice to the enjoined party.

Question 12

Restitution involves restoring a person to a previous position to prevent unjust enrichment.

Question 13

A court will uphold a liquidated damages clause regardless of the reasonableness of the amount.

Question 14

When a court awards a declaratory judgment, it orders a party to refrain from doing some specific activity.

Question 15

Punitive damages are generally not awarded in negligence cases.

Question 16

In order for a court to grant specific performance, the plaintiff must have met a condition precedent.

Question 17

In America, the availability of equitable remedies is a matter for the jury.

Question 18

Replevin and ejectment are equitable remedies in civil cases.

Question 19

Something is unconscionable when it "shocks the conscience of the court."

Question 20

Ejectment is used to recover possession of land and damages for the unlawful retention of possession.

Question 21

Laches is a(n)

A) equitable defense that is used to deny equitable relief where a plaintiff's unreasonable delay in bringing the action caused prejudicial harm to a defendant.
B) defense similar to the running of the applicable statute of limitations.
C) Both A and B are correct.
D) None of the above is correct.

Question 22

An injunction that requires a court, before issuing it, to consider the likelihood of success on the merits and the possibility of irreparable harm if it is not issued is known as a

A) mandatory or prohibitory injunction.
C) preliminary injunction.
B) permanent injunction.
D) TRO.

Question 23

How are equitable maxims used?

A) In lieu of statutory damages
B) As decision-making guides
C) To determine liquidated damages
D) None of the above is correct.

Question 24

The maxim of "coming into court with clean hands" is a requirement of

A) courts of equity.
C) the tax courts.
B) the U.S.surgeon general.
D) constitutional origin.

Question 25

Carl contracts to sell his house and lot to Winifred for $30,000.The terms of the contract call for Winifred to pay 5 percent of the purchase price as a deposit toward the purchase price, or a down payment.The terms further stipulate that should the buyer breach the contract, Carl will retain the money as damages.What type of damages does this agreement exemplify?

A) Compensatory
C) Nominal
B) Punitive
D) Liquidated

Question 26

Which of the following is TRUE regarding rescission as a remedy?

A) It will not be granted if money damages would be adequate to compensate the injured party.
B) It is never granted in contracts involving unique items of personal property.
C) It is granted frequently in contracts involving the sale of goods.
D) It is available for the enforcement of contracts for personal services.

Question 27

Plaintiff alleged that the attendance policy at her school was unreasonable and that, notwithstanding her unexcused absences, she was wrongfully denied a diploma.If it is established at trial that the plaintiff frequently forged excuse notes and tried to deceive the school, then equitable relief may be denied on the basis of

A) laches.
C) unjust enrichment.
B) equity's clean hands doctrine.
D) the avoidable harm doctrine.

Question 28

An order compelling the defendant to refrain from acting in a specified way is called a(n)

A) temporary restraining order (TRO).
C) prohibitory injunction.
B) ex parte injunction.
D) mandatory injunction.

Question 29

While camping with the family, Shannon was severely burned by ignited gasoline.Her father was pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away.At trial, experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was defective with respect to safety and that there were alternative cap designs that Coleman could have utilized to accomplish ventilation of the tank without the cap having any of the vent-hole characteristics.Furthermore, despite Coleman's knowledge of the possibility of fuel spraying through the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap except when the tank was level and not near a flame.Which of the following statements is true?

A) Because Coleman was negligent, Shannon may recover punitive damages.
B) Because Coleman was negligent, Shannon may recover exemplary damages.
C) If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages.
D) Shannon cannot recover punitive damages because her cause of action is in tort and punitive damages are only awarded for breach of contract.

Question 30

A lives next door to B and plays loud music all night so that B gets little sleep.After repeated requests to A to lower the volume, B sues A, asking for an injunction.The final decision of the court is in favor of B.What kind of injunction would the court issue in its final decision?

A) Mandatory
C) Preliminary
B) Prohibitory
D) Temporary

Question 31

Which of the following ideas is reflected in an equitable maxim?

A) Clean hands
C) Every wrong deserves a remedy.
B) Substance over form
D) All of the above are correct.

Question 32

When a judge wants to acknowledge that a legal wrong has occurred, even when there was no actual harm, she would award

A) compensatory damages.
C) nominal damages.
B) liquidated damages.
D) both compensatory and liquidated damages.

Question 33

In which of the following situations would specific performance be available as a remedy?

A) A contract for the sale of apples when the buyer breaches
B) A contract for the sale of a unique good when the seller breaches
C) A contract for the sale of a unique good when the buyer breaches
D) A contract for the sale of apples when the seller breaches

Question 34

Jeff moved to a new city and purchased a house.A few weeks after he moved into his new home, he learned that it had been the scene of a gruesome murder and that local legend considered it haunted.As these facts adversely affected the potential resale price of the house, he wishes to avoid his obligation under the contract based on fraudulent misrepresentation.What remedy would he be seeking if he wanted to set aside the contract for the sale of the house and recoup his purchase price?

A) Specific performance
C) Liquidated damages
B) Rescission
D) Injunctive relief

Question 35

Specific performance is appropriate when

A) a plaintiff wants the contract to be specifically performed.
B) there is no adequate remedy at common law.
C) the defendant can't afford monetary damages.
D) All of the above are correct.

Question 36

Carl contracts to sell his house and lot to Winifred for $30,000.Winifred found a house she liked better, so she breached the contract.Two weeks later Carl sold the house and lot to Barb for $25,000.He sues Winifred for $5,000.What type of damages is Carl seeking?

A) Hedonic
C) Compensatory
B) Punitive
D) Nominal

Question 37

Pet Ponderosa Memorial Gardens leased 10 acres of land from Memory Gardens to be used as a pet cemetery.This land was adjacent to Memory Gardens' human cemetery.As part of the lease, the pet cemetery was allowed to use all available water each evening for two hours to develop and maintain its landscaping.Then Memory Gardens abruptly cut off the water supply, and as a result the grass and the other plants were in peril of dying.What remedy should Pet Ponderosa seek to stop Memory Gardens from breaching its contract?

A) Restitution
C) Injunction
B) Rescission
D) Damages

Question 38

Two neighboring families, the As and the Bs, wish to enlarge their garages.Because of a surveying mistake, both believe that they are the rightful owners of a 3-foot strip of land that runs along the border of their properties.Each family wants the land for its own garage.The As decide to take the case to court.What would be the proper remedy?

A) A permanent prohibitory injunction to prevent the Bs from building on the land
B) Punitive damages to punish the Bs for trying to build on the land
C) A declaratory judgment to determine who owns the land
D) None of the above is true.

Question 39

A enters into a contract for the sale of her house to B, to take place as soon as title can be conveyed.However, she dies between execution of the contract and conveyance of the land.Equity declares that B has a right to the house and A's estate has a right to the purchase price.Which of the following equitable maxims best supports this?

A) Equality is equity.
B) Equity follows law.
C) A person who seeks equity must do equity.
D) Equity regards as done that which should be done.

Question 40

Equitable defenses include

A) laches.
B) unclean hands.
C) hardship.
D) All of the above are correct.

Question 41

Restitution is designed to

A) prevent unjust enrichment.
B) avoid shocking the conscious of the court.
C) financially make a party whole.
D) None of the above is correct.

Question 42

Give three examples of equitable maxims and explain thoroughly how each is used.

Question 43

Jean entered into a written contract for the purchase of a television set for $300 from Local Department Store.The same model television was selling in all the other stores for $400.Assume that Jean was ready and willing to pay the $300 contract price, but Local refused to convey the television set to her.Jean sued for specific performance and, in the alternative, for money damages.Under the circumstances, what relief is Jean entitled to? Explain thoroughly.

Question 44

Mr.and Mrs.A, who own a farm, noticed that their cows were getting sick.They called a veterinarian, who told them that the cows had ingested large amounts of an insecticide and that if they continued to do so, they would die.At this point, the As realized that, because their land lay downhill from B's and B was spraying the land with insecticide, B was causing the problem.The As went to see B and explained the problem, asking B to stop spraying or to find an alternative that will not hurt their cows.B became indignant and said, "I'm not going to stop spraying.I hate those stupid cows and I hope they do die." Eventually, despite the A's efforts, the cows died.The As buy new cows and sue B, asking for compensatory and punitive damages at law and a prohibitory injunction in equity.Should the damages be awarded? Can the As get an injunction in equity when they are also getting damages at law? Is an injunction proper? If not, why?

Question 45

Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip Morris, at a rodeo in Florida.After comparing notes on various rodeos, Morris offered Sparrow a job for 16 weeks working on Morris's ranch in Arkansas.Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400 and a brown horse named Kerro.When Sparrow first came to Morris's ranch, Kerro was practically unbroken.However, Sparrow worked with the horse during his spare time, and by the time the 16 weeks were up, Kerro was well on his way to becoming a first-class riding horse.Morris returned at the end of the 16 weeks and gave Sparrow a check for $400, but refused to deliver the horse.Sparrow wants the horse.What remedy will he be seeking in court?

A) Specific performance
C) Rescission
B) Injunctive relief
D) Restitution

Question 46

Equity cases

A) have a constitutional right to a jury trial.
B) have no constitutional right to a jury trial.
C) have no constitutional right but the right has been inferred from court decisions.
D) None of the above is correct.