IX. Equitable

EQUITABLE CAUSES OF ACTION

Types:

  1. Equitable Estoppel
  2. Equitable Fraud
  3. Equitable Subrogation
  4. Estoppel by Deed
  5. Estoppel In Pais
  6. Incorporation (or Corporation) by Estoppel
  7. Implied Indemnification
  8. Impounding Property to Pay Debt
  9. Impress a Trust
  10. Injunction (preliminary)
  11. Reformation of Written Instruments
  12. Restitution Despite Contract Breach
  13. Resulting Trust
  14. Specific Performance
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I. EQUITABLE ESTOPPEL

Elements to prove:

  1. conduct amounting to a false representation or concealment of material facts;
  2. intention that such conduct will be acted upon by the other party;
  3. knowledge of the real facts by the party to be estopped;
  4. lack of knowledge of the true facts by the party seeking equitable estoppel;
  5. reliance upon the conduct of the party estopped by the party seeking relief; and
  6. a prejudicial change in the aggrieved party’s position.
equitable estoppel deed indemnification

EQUITABLE

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II. EQUITABLE FRAUD

Elements to prove:

  1. misrepresentation;
  2. concealment;
  3. of material facts; and
  4. without intention to defraud.
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III. EQUITABLE SUBROGATION

Elements to prove:

  1. where the property of one person;
    1. is used in discharging an obligation owed by another; or
    2. a lien upon the property of another;
  2. under such circumstances that the other;
  3. would be unjustly enriched;
  4. by the retention of the benefit conferred.

IV. ESTOPPEL BY DEED

Elements to prove:

  1. a party to a deed and his or her privies;
  2. from denying;
  3. as against another party;
  4. the force and effect of the deed;
  5. by any evidence of inferior solemnity.

V. ESTOPPEL IN PAIS

Elements to prove:

  1. a party;
  2. because of his or her conduct;
  3. is denied the right to plead or prove;
  4. what would otherwise be an important factor in the case;
  5. the act or omission must have been inconsistent with the position subsequently taken by the person sought to be estopped;
  6. must have been done not only with the intention of influencing the conduct of the person who asserts the estoppels; and
  7. must have, in fact, so influenced him.

VI. INCORPORATION (OR CORPORATION) BY ESTOPPEL

Elements to prove:

  1. when an entity was not fully formed at the time a contract was executed;
  2. nonetheless, an opposing party has recognized an entity’s corporate status;
  3. has dealt with said entity in that manner;
  4. those past dealings are not dependent on the entity’s corporate status; and
  5. thus, the opposing party will be precluded from arguing that the entity lacks capacity to bring suit.

VII. IMPLIED INDEMNIFICATION

Elements to prove:

  1. a person who;
  2. in whole or in part;
  3. has discharged a duty;
  4. that is owed by him or her;
  5. as between himself or herself and another; and
  6. that should have been discharged by the other.

VIII. IMPOUNDING PROPERTY TO PAY DEBT

Elements to prove:

  1. chattel in the custody of the sheriff;
  2. may be impounded pending judgment or further order of the court;
  3. upon motion of any person claiming the right to its possession; and
  4. upon notice to the sheriff and to all parties to the action.

IX. IMPRESS A TRUST

Elements to prove:

  1. there must be a confidential relationship;
  2. wherein one party relies;
  3. to his or her detriment;
  4. upon a promise of another;
  5. that promise is subsequently breached; and
  6. results in unjust enrichment for the person.

X. INJUNCTIONS (PRELIMINARY)

Elements to prove:

  1. a likelihood of success on the merits;
  2. irreparable harm absent the relief sought: and
  3. the balance of equities in its favor.

XI. REFORMATION OF WRITTEN INSTRUMENTS

Elements to prove:

  1. the writing in question was executed;
  2. under mutual mistake; or
  3. unilateral mistake coupled with fraud.

XII. RESTITUTION DESPITE CONTRACT BREACH

Elements to prove:

  1. the amount to which the seller is entitled by virtue of terms liquidating the seller’s damages; or
  2. 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
  3. the buyer’s right to restitution is subject to offset to the extent that the seller establishes
    1. a right to recover damages; and
    2. 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:

  1. express trust fails in whole or in part; or
  2. express trust is fully performed without exhausting trust estate; or
  3. where property is purchased and purchase price is paid by one person;
  4. at his or her direction; and
  5. vendor conveys property to another person.

XIV. SPECIFIC PERFORMANCE

Elements to prove:

  1. a contract;
  2. that the plaintiff substantially performed;
  3. its contractual obligations;
  4. was willing and able to perform its remaining obligations;
  5. defendant was able to convey the property; and
  6. 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.

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