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Equitable remedies and Principled Discretion.
Pg 6. Equity courts insisted on Citation of legal authorities.
“The body or precedent and practice of equity courts and the remedies administered by those courts.”
Pg 7.. parties could not demand equitable relief; to the contrary the always requested it . And parties who successfully made a case for equitable relief- showed that theirs was the type of case where equitable relief has been granted in the past- still had to invoke the discretion of the court to grant the relief.
Principled Discretion.
May not grant equitable relief in the absence of either a statute authorizing such relief or a clear precedent establishing a right to the relief requested.
Courts apply established principles of equity to the facts presented by the particular case.
Pg 8. first principle of due process embraces a rule of law which contains standards that can be known in advance.
To deny relief is a peculiar tradition.
The discretion of an equity court to grant or refuse equitable relief is regulated by well-settled principles (MAXIMS).
Pg 10. A court of equity will not relieve a parts from the legal consequences of a risk which he voluntarily assumes.
The following are nine equitable maxims invoked in Michigan Case law.
Pg 13. citation 36. “misrepresentation” ?
Pg 15. Equity cannot be used to deprive a person of a legal right. While equity in a proper case may reform a contract on the ground of “mutual mistake” or rescind a contract for fraud in the inducement or duress…
Pg 16. The nine equitable maxims represent in shorthand from the principles by which equitable relief is granted or denied.
Pg 20. Equitable remedies ..coercive and restitutionary.
The classic mandatory injunction is of course, and order requiring the seller of land to specifically perform the contract by conveying the land as promised.
Restitutionary , unjust enrichment. .. restore something to the plaintiff that belongs to him.
Specific performance or an injunction is an alternative equitable remedy to an award of money damages.
Rescissions, cancellation and reformation of contracts are other alternative and mutually exclusive, equitable remedies.
Rescissions the term generally used to void a contact that is executory...
Cancellation describes the remedy for rescinding wholly executed contracts, or voiding legal instruments such as deeds.
Reformation may be granted if a contract contains … mutual mistake or fraud..
Pg 23. Legal remedy may be inadequate, and specific performance justified, if the contract involves the sale of something unique, such as land…..
Pg 24. Duress is the use of improper threats or economic pressure to secure a contract of some other action.. _ duress is largely defensive and is typically used to defeat a claim for specific performance. However it may also be used offensively to rescind an agreement and seek restitution…
Pg 25. Undue influence differs from duress in that duress involves overt coercion by threats, whereas undue influence involves covert persuasion my manipulation. The issue of mental incapacity is often present in undue influences cases, as is it is in cases of misrepresentation. (the cop is not a public officer).. Thus, the most important evidence is undue influence cases is the existence of a confidential relationship in which the submissive party reposes trust in the dominant party.
In undue influence cases, …context of confidential or fiduciary relationships, the fiduciary or dominant party (STATE), has an affirmative duty not only to disclose information by also to avoid the use of information that rightfully belongs to the beneficiary …… (your info on a data base)…
