EQUITABLE CAUSES OF ACTION
Types:
- Equitable Estoppel
- Equitable Fraud
- Equitable Subrogation
- Estoppel by Deed
- Estoppel In Pais
- Incorporation (or Corporation) by Estoppel
- Implied Indemnification
- Impounding Property to Pay Debt
- Impress a Trust
- Injunction (preliminary)
- Reformation of Written Instruments
- Restitution Despite Contract Breach
- Resulting Trust
- Specific Performance
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I. EQUITABLE ESTOPPEL
Elements to prove:
- conduct amounting to a false representation or concealment of material facts;
- intention that such conduct will be acted upon by the other party;
- knowledge of the real facts by the party to be estopped;
- lack of knowledge of the true facts by the party seeking equitable estoppel;
- reliance upon the conduct of the party estopped by the party seeking relief; and
- a prejudicial change in the aggrieved party’s position.
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II. EQUITABLE FRAUD
Elements to prove:
- misrepresentation;
- concealment;
- of material facts; and
- without intention to defraud.
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III. EQUITABLE SUBROGATION
Elements to prove:
- where the property of one person;
- is used in discharging an obligation owed by another; or
- a lien upon the property of another;
- under such circumstances that the other;
- would be unjustly enriched;
- by the retention of the benefit conferred.
IV. ESTOPPEL BY DEED
Elements to prove:
- a party to a deed and his or her privies;
- from denying;
- as against another party;
- the force and effect of the deed;
- by any evidence of inferior solemnity.
V. ESTOPPEL IN PAIS
Elements to prove:
- a party;
- because of his or her conduct;
- is denied the right to plead or prove;
- what would otherwise be an important factor in the case;
- the act or omission must have been inconsistent with the position subsequently taken by the person sought to be estopped;
- must have been done not only with the intention of influencing the conduct of the person who asserts the estoppels; and
- must have, in fact, so influenced him.
VI. INCORPORATION (OR CORPORATION) BY ESTOPPEL
Elements to prove:
- when an entity was not fully formed at the time a contract was executed;
- nonetheless, an opposing party has recognized an entity’s corporate status;
- has dealt with said entity in that manner;
- those past dealings are not dependent on the entity’s corporate status; and
- thus, the opposing party will be precluded from arguing that the entity lacks capacity to bring suit.
VII. IMPLIED INDEMNIFICATION
Elements to prove:
- a person who;
- in whole or in part;
- has discharged a duty;
- that is owed by him or her;
- as between himself or herself and another; and
- that should have been discharged by the other.
VIII. IMPOUNDING PROPERTY TO PAY DEBT
Elements to prove:
- chattel in the custody of the sheriff;
- may be impounded pending judgment or further order of the court;
- upon motion of any person claiming the right to its possession; and
- upon notice to the sheriff and to all parties to the action.
IX. IMPRESS A TRUST
Elements to prove:
- there must be a confidential relationship;
- wherein one party relies;
- to his or her detriment;
- upon a promise of another;
- that promise is subsequently breached; and
- results in unjust enrichment for the person.
Elements to prove:
- a likelihood of success on the merits;
- irreparable harm absent the relief sought: and
- the balance of equities in its favor.
XI. REFORMATION OF WRITTEN INSTRUMENTS
Elements to prove:
- the writing in question was executed;
- under mutual mistake; or
- unilateral mistake coupled with fraud.
XII. RESTITUTION DESPITE CONTRACT BREACH
Elements to prove:
- the amount to which the seller is entitled by virtue of terms liquidating the seller’s damages; or
- in the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller; and
- the buyer’s right to restitution is subject to offset to the extent that the seller establishes
- a right to recover damages; and
- the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.
XIII. RESULTING TRUST
Elements to prove:
- express trust fails in whole or in part; or
- express trust is fully performed without exhausting trust estate; or
- where property is purchased and purchase price is paid by one person;
- at his or her direction; and
- vendor conveys property to another person.
XIV. SPECIFIC PERFORMANCE
Elements to prove:
- a contract;
- that the plaintiff substantially performed;
- its contractual obligations;
- was willing and able to perform its remaining obligations;
- defendant was able to convey the property; and
- there was no adequate remedy at law.
the above is an abstract from the Encyclopedia of New York Causes of Action by Ernest Edward Badway, 2018 edition.