Chapter 3

COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 1CHAPTER 3 SPECI FIC AND PREVENTIVE RELIEF Article 1. General Principles. Article 2. Specific Relief. Article 3. Preventive Relief. ARTICLE 1 GENERAL PRINCIPLES § 3101. Specific Relief, etc., When Allowed. § 3102. Specific Relief, How Given. § 3103. Pre ventive Relief, How Given. § 3104. Not to Enforce Penalty , etc. § 3101. Specific Relief, etc., When Allowed. Specific or preventive relief may be given as provided by the laws of the Territory of Guam. SOURCE: CC § 3366. § 3102. Specific Relief, How Giv en. Specif ic relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be done; or 3. By declaring and determining the rights of parties otherwise than by an award of damages. SOURCE: CC § 3367. § 3103. Preventive Relief, How Given. Preventive relief is given by prohibiting a party from doing that which ought not to be done. SOURCE: CC § 3368. § 3104. Not to Enforce Penalty, etc. COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 2Neither specif ic nor preven tive rel ief can be granted to enforce a penal law, except in a case of

. § 3104. Not to Enforce Penalty, etc. COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 2Neither specif ic nor preven tive rel ief can be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfei ture in any case. SOURCE: CC § 3369. NOTE: CC §§ 3370 -3354 did not exist. ---------- ARTICLE 2 SPECI FIC RELIEF Part 1. Possession of Real Proper ty. Part 2. Possession of Personal Property . Part 3. Specific Performance of Obligations. Part 4. Revision of Contracts. Part 5. Rescission of Contracts. Part 6. Cancellation of Instruments. PART 1 POSSESSION OF REAL PROPERTY § 3201. Judgment for Possess ion or Title. § 3201. Judgment for Possession or Title. A person entitled to specific real property , byreason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner pre scribed by the Code of Civil Procedure, either by a judg ment for its pos session, to be executed by the police officer , or by a judg ment requir ing the other party to perfect the title, and to deliver possession of the proper ty. SOURCE: CC § 3375. NOTE: CC §§ 2276 -2278 did not exist.

xecuted by the police officer , or by a judg ment requir ing the other party to perfect the title, and to deliver possession of the proper ty. SOURCE: CC § 3375. NOTE: CC §§ 2276 -2278 did not exist. ----------COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 3PART 2 POSSESSION OF 'PERSONAL PROPERTY §3210 Judgment for Delivery . § 3211. Specific Delivery . § 3210. Judgment for Delivery. A person enti tled to the immedi ate possession of spe cific per sonal proper ty may recover the sa me in the man ner provided by the Code of Civil Proce dure. SOURCE: CC § 3379. § 3211. Specific delivery. Any person having the posses sion or control of a particular article of personal property , of which he is not the owner, may be com pelled specifica lly to deliver it to the person entitled to its immedi ate posses sion. SOURCE: CC § 3380. NOTE: CC §§ 3381 -3383 did not exist. ---------- PART 3 SPECI FIC PERFORMANCE OF OBLIGA TIONS § 3220. Performance May be Compelled. § 3221. No Remedy Unless Mutual . § 3222. Distinction Between Real and Personal Property . § 3223. Contract Signed by One, May be Enforced by Other . § 3224. Liquidated Damages no Bar . § 3225.

lled. § 3221. No Remedy Unless Mutual . § 3222. Distinction Between Real and Personal Property . § 3223. Contract Signed by One, May be Enforced by Other . § 3224. Liquidated Damages no Bar . § 3225. What Cannot be Specifically Enforced. § 3226. What Parties Cannot be Compelled to Perform. § 3227 . Parties Denied Specific Performance. § 3228. Agreement to Sell Not Enforceable for W ant of Title. § 3229. Relief Against Parties Claiming Under Obligor.COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 4§ 3220. Performance May be Compelled. Except as otherwise provided in this Part, the specific perfo rmance of an obligation may be compelled. SOURCE: CC § 3384. § 3221. No Remedy Unless Mutual. Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compel lable specifically to pe rform, everything to which the former is entitled under the same obligation, either com pletely or nearly so, together with full compensation for any want of entire performance.1 SOURCE: CC § 3386. § 3222. Distinction Between Real and Personal Proper ty.

the same obligation, either com pletely or nearly so, together with full compensation for any want of entire performance.1 SOURCE: CC § 3386. § 3222. Distinction Between Real and Personal Proper ty. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation, and that the breach of an agree ment to transfer personal property can be thus relieved. SOURCE: CC § 3387. § 3223. Con tract Signed by One, May be Enforced by Other . A party who has signed a writ ten contract may be com pelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the cas e is otherwise proper for enforcing specific performance. SOURCE: CC § 3388. § 3224. Liquidated Damages No Bar . A contract other wise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated fo r its breach, and the party in default is willing to pay the same. SOURCE: CC § 3389. § 3225. What Cannot be Specifically Enforced. The following obligations cannot be specifically en forced:COL12010620GCA REMEDIES CH.3SPECIFIC AND

efault is willing to pay the same. SOURCE: CC § 3389. § 3225. What Cannot be Specifically Enforced. The following obligations cannot be specifically en forced:COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 51. An obligation to render personal service; 2. An obligation to employ another in personal ser vice; 3. An agreement to submit a controver sy to arbitra tion; 4. An agree ment to perform an act which the party has no power lawfully to perform when required to do so; 5. An agreement to procure the act or consent of t he wife of the contracting party , or of any other third person; or 6. An agreement, the terms of which are not suf ficient ly certain to make the precise act which is to be done clearly ascertain able. SOURCE: CC § 3390. CROSS -REFERENCES: Regarding arbitr ation, see 7 GCA Chapter 42, the Civil Arbitration Law and Medical Mandatory Malpractice Act, enacted by P .L. 21 -43:2 (1991) for the latest law on this subject. § 3226. What Parties Cannot be Compelled to Per form. Specific performance cannot be enforced against a party to a contract in any of the following cases: 1.If he has not received an adequate consid eration for the contract; 2.If it is not,

to Per form. Specific performance cannot be enforced against a party to a contract in any of the following cases: 1.If he has not received an adequate consid eration for the contract; 2.If it is not, as to him, just and reasonable; 3.If his assent was obtained by the misrep resen tation, con cealment, circumvention, or un fair prac tices of any party to whom perfor mance would become due un der the con tract, or by any pro mise of such party which has not been sub stantially fulfilled; or 4.If his assent was given under the influence of mis take, m isappre- hension, or surprise, except that where the contract provides for compensa - tion in case of mistake, a mistake within the scope of such provi sion may be compensat ed for , and the con tract specifically en forced in other re spects, if proper to be so en forced. SOURCE: CC § 3391. § 3227. Parties Denied Specific Performance. Specif ic perfor mance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other p arty, except where his failure to perform is only COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 6partial, and either

the conditions precedent on his part to the obligation of the other p arty, except where his failure to perform is only COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 6partial, and either entire ly immate rial, or capable of being fully com pensat - ed, in which case specific perfor mance may be compelled, upon full compensa tion being made for the default. SOURCE: CC § 33 93. § 3228. Agreement to Sell not Enforceable for W ant of Title. An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reason able doubt. SOURCE: CC § 3394. § 3229. Relief Under Parties Claiming Under Obligor . Whenev er an obligation in respect to real property would be specifically enforced against a particu lar person, it may be in like manner enforced against any other person claiming under him by a title created subsequ ently to the obligation, except a purchaser or encumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation. SOURCE: CC § 3395. -------- -- PART 4 REVISI ON OF CONTRACTS § 3230.

pt, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation. SOURCE: CC § 3395. -------- -- PART 4 REVISI ON OF CONTRACTS § 3230. When Contract may be Revised. § 3231. Presumption, Intent of Parties. § 3232. Principles of Revision. § 3233. Enforcing the Revised Contract. § 3230. When Contract may be Revised. When, through fraud or a mutual m istake of the parties, or a mistake of one party , which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the applica tion of a party aggrieved, so as to express that inten tion, so far as it COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 7can be done without prejudice to rights acquired by third persons, in good faith and for value. SOURCE: CC § 3399. § 3231. Presumption, Intent of Parties. For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and consci entious agreement. SOURCE: CC '3400. § 3232. Principles of Revision.

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and consci entious agreement. SOURCE: CC '3400. § 3232. Principles of Revision. In revising a written instru ment, the court may inquire what the instrument was intended to mean, and what were intended to be its lega l consequences, and is not confined to the inquiry what the language of the instrument was intended to be. SOURCE: CC § 3401. § 3233. Enforcing the Revised Contract. A contract may be first revised and then specifically enforced. SOURCE: CC § 3402. NOTE: CC §§ 3402 -3405 did not exist. ---------- PART 5 RESCI SSION OF CONTRACTS § 3240. When Rescission may be Adjudged. § 3241. Rescission for Mistake. § 3242. Rescinding Party to do Equity . § 3240. When Rescission may be Adjudged. The rescis sion of a writt en contract may be adjudged, on the applica - tion of a party ag grieved: (1)In any of the cases mentioned in 18 GCA '89203; or, (2)Where the contracts unlawful, for cau ses not appar ent upon its face, and the parties were not equal ly in fault; or,COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 8(3)When the public interest will be preju

unlawful, for cau ses not appar ent upon its face, and the parties were not equal ly in fault; or,COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 8(3)When the public interest will be preju diced by perm itting it to stand. SOURCE: CC § 3406. § 3241. Rescission for Mistake. Rescission can not be adjudged for mere mistake, unless the party against whom it is adjudged can be re stored to sub stantially th e same position as if the contract had not been made. SOURCE: CC § 3407. § 3242. Rescinding Party to do Equity. On ad judging the rescission of a contract, the court may require the party to whom such relief is granted to make any com pensation to the ot her which justice may require. SOURCE: CC § 3408. NOTE: CC §§ 3409 -3411 did not exist. ---------- PART 6 CANCELLA TION OF INSTRUMENTS § 3250. Cancellation, When Ordered. § 3251. Instrument Obviously V oid. § 3252. Cancellation in Part. § 3253. Reissuance o f Documents. § 3250. Cancellation, When Ordered. A wr itten instru ment, in respect to which there is a reason able appre - hension that if left outstand ing it may cause serious injury to a person against whom it is void or voidable, may , upon his appli cation, be so

t, in respect to which there is a reason able appre - hension that if left outstand ing it may cause serious injury to a person against whom it is void or voidable, may , upon his appli cation, be so adjudged, and ordered to be deliv ered up or cancel led. SOURCE: CC § 3412. § 3251. Instrument Obviously V oid.COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 9An in strument, the invalid ity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury , within the provisions of the last section. SOURCE: CC § 3413. § 3252. Cancellation in Part. Where an instru ment is evi dence of different rights or obliga tions, it may b e cancelled in part, and allowed to stand for the residue. SOURCE: CC § 3414. § 3253. Reissuance of Documents. An action may be main tained by any person interested in any private docu ment or instru ment in writing, which has been lost, de stroyed or damaged by conflagra tion or other public calam ity, to prove, establish, compel the reissuance, reexecution, and reacknowl edgment of such docu - ment orinstru ment.

ich has been lost, de stroyed or damaged by conflagra tion or other public calam ity, to prove, establish, compel the reissuance, reexecution, and reacknowl edgment of such docu - ment orinstru ment. If such document or instrument be a negotia ble instru - ment, the court must compel the perso n in whose favor it is drawn to give a bond executed by him self and two sufficient sureties to indemnify the person reissuing, reexecuting, or reacknowledging the same against any lawful claim thereon. SOURCE: CC § 3415. NOTE: CC §§ 3416 -3419 did not exi st. ---------- ARTICLE 3 PREVENTIVE RELIEF § 3301. Preventive Relief, How Granted. § 3302. Provisional Injunction. § 3303. Injunction, When Allowed. § 3304. Injunction, When not Allowed. § 3301. Preventive Relief, How Granted. Preven tive relief is gran ted by injunction, provisional or final. SOURCE: CC § 3420. COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 10§ 3302. Provisional Injunc tion. Provision al injunc tions are regulated by Title 7 [Civil Procedure] of this Code. SOURCE: CC § 3421. § 3303. Injunction, When Allowed. Except where oth erwiseprovid ed by this Chapter, a final injunction may be granted to pre vent the

ted by Title 7 [Civil Procedure] of this Code. SOURCE: CC § 3421. § 3303. Injunction, When Allowed. Except where oth erwiseprovid ed by this Chapter, a final injunction may be granted to pre vent the breach of an obliga tion exist ing in favor of the applicant: (1) Where pecuniary compensation would not afford adequate relief; (2) Where it would be extremely difficult to as certain the amount of compensation which would afford ade quate relief; (3) Where the restraint is neces saryto prevent a multi plicity of judicial proceedings; or , (4) Where the obligation arises from a trust. SOURCE: CC § 3422. § 3304. Injunction, Wh en Not Allowed. An injunc tion cannot be granted: First. To stay a judicial proceeding pending at the commence ment of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceed ings. Secon d.To stay proceedings in a court of the United States. Third. Tostay proceedings in another state or territo ry upon a judgment of a court of that state or territory . Fourth. To prevent the execution of a public law , by officers of the law, for the publi c benefit. Fifth.

dings in another state or territo ry upon a judgment of a court of that state or territory . Fourth. To prevent the execution of a public law , by officers of the law, for the publi c benefit. Fifth. To prevent the breach of a contract, other than a con tract in writing for the rendition or furnishing of personal services from one to another where the maxi mum compensa tion for such service is at the rate of not less than six thousand dollars ($6,000. 00) per annum and where the promised service is of a special, unique, unusual, extraordi nary or COL12010620GCA REMEDIES CH.3SPECIFIC AND PREVENTIVE RELIEF 11intellectual character, which gives it peculiar value, the loss of which cannot be reason ably or adequately compensated in damages in an act ion at law , the perfor mance of which would not be specifically enforced; provid ed however , that an injunc tion may be granted to prevent the breach of a contract entered into between any nonprofit coopera tive corpora tion or associa tion and a member or stockholder thereof in respect to any provision regarding the sale or delivery to the corporation or association of the products produced or acquired by such member or stock holder.

n and a member or stockholder thereof in respect to any provision regarding the sale or delivery to the corporation or association of the products produced or acquired by such member or stock holder. Sixth. To prevent the exercise of a public or private office, in a lawfu l manner , by the person in possession. SOURCE: CC § 3423. NOTE: No CC §§ 3424 -3428 existed. ----------COL120106