Non-monetary remedies
1. Specific performance/injunction (equitable remedy)
a. Item must be unique
i. Common law – real estate
ii. UCC – antiques, art, custom made
b. Must be inadequacy of a remedy at law
c. Services K’s – no specific performance, but possible injunction
2. Reformation (equitable remedy)
a. Changing a written K
b. Uncommon, but look for:
i. Mistake in writing the agreement
ii. Fraudulent misrepresentation as to what is in the agreement
3. Adequate assurance of future performance
a. Elements
i. One party learns something after the K that gives him reasonable grounds for insecurity about the other party’s performance, and
ii. Written demand for adequate assurance
b. Effect – can stop performance until assurance is given
4. RECLAMATION (UCC ONLY)
a. Right of an unpaid seller to get the goods back
b. Elements
i. Buyer was insolvent at the time of receipt
ii. Seller demands return within 10 days of receipt
iii. Buyer has the goods when the demand is made
5. RIGHTS OF A GOOD FAITH PURCHASER IN ENTRUSTMENT (UCC ONLY)
a. Elements
i. Owner voluntarily leaves goods with a merchant of goods of the kind (entrustment)
ii. The merchant sells the goods to a good faith purchaser
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