CA Bar Essay Slapdowns – Remedies Correct 100%

Anticipatory Repudiation - ANSWER AR occurs when a promisor, prior to the time set for performance of his promise, indicates that he will not perform when the time comes. If there is an executory bilateral contract between the parties and the promisor's AR is unequivocal, the nonrepudiating party can treat the anticipatory repudiation as a total breach and sue immediately. If the nonrepudiating party has already fully performed, he must wait until the time originally set for performance because the repudiating party may withdraw her repudiation and perform in accordance with the contract. AR must be unequivocal. The promisor's words or conduct must indicate that she cannot or will not perform when the time comes. Temporary Restraining Order - ANSWER A TRO is an emergency order imposed to maintain the status quo until a regular, adversary-type hearing may be held on a motion for a preliminary injunction. A TRO can be granted without notice to the nonmoving party if the moving party can make a strong showing as to why notice and an adversarial hearing should not be required. Preliminary Injunction - ANSWER A preliminary injunction is an order that maintains the status quo until a trial on the merits can be held. It is imposed after notice and a regular, adversary-type court hearing. Like a TRO, a motion for imposition of a preliminary injunction requires proof of irreparable injury tat would occur before the trial can be held and a likelihood of success on the merits. Specific Performance - ANSWER SP is a mandatory decree or injuction that orders a contracting party to perform that which she has promised to perform under the contract. The purpose of specific performance is to give the injured party the benefit of actual performance, rather than its equivalent in money damages. To obtain an order for specific performance (i) there must be a contract with definite and certain terms between the parties (ii) the plaintiff must already have performed or be ready and able to perform all of his conditions under the contract (iii) the legal remedy must be inadequate (iv) it must be feasible for the court to enforce the decree and (v) the defendant must not have any defenses. SP: Plaintiff's Performance - ANSWER P can/has ____________ which demonstrates/to prove to the court that P is ready, willing and able to perform.