Title 20 — Remedies

Specific or preventive relief may be given as provided by the laws of the Territory of Guam. SOURCE: CC § 3366.

Specific 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.

Preventive relief is given by prohibiting a party from doing that which ought not to be done. SOURCE: CC § 3368.

COL120106 Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case. SOURCE: CC § 3369. NOTE: CC §§ 3370-3354 did not exist. ---------- ARTICLE 2 SPECIFIC RELIEF Part 1. Possessio…

A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the Code of Civil Procedure, either by a judgment for its possession, to be executed by the pol…

A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the Code of Civil Procedure. SOURCE: CC § 3379.

Any person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. SOURCE: CC § 3380. NOTE: CC §§ 3381-3383 did not exist. --------…

Except as otherwise provided in this Part, the specific performance of an obligation may be compelled. SOURCE: CC § 3384.

Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with…

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 agreement to transfer personal property can be thus relieved. SOURCE: CC § 3387.

A party who has signed a written contract may be compelled 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 case is otherwise proper for enforcing specific performance. SOURCE: CC § 338…

A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same. SOURCE: CC § 3389.

The following obligations cannot be specifically enforced: COL120106 1. An obligation to render personal service; 2. An obligation to employ another in personal service; 3. An agreement to submit a controversy to arbitration; 4. An agreement to perform an act which the party has …

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 consideration for the contract; 2. If it is not, as to him, just and reasonable; 3. If his assent was obtained by the misrepresentation, conc…

Specific performance 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 party, except where his failure to perform is only COL120106 partial, and either entirely immaterial, or capa…

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 reasonable doubt. SOURCE: CC § 3394.

Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or encumbrancer in go…

When, through fraud or a mutual mistake 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 application of a party aggrieved, so as to express th…

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. SOURCE: CC ' 3400.

In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. SOURCE: CC § 3401.

A contract may be first revised and then specifically enforced. SOURCE: CC § 3402. NOTE: CC §§ 3402-3405 did not exist. ---------- PART 5 RESCISSION OF CONTRACTS

The rescission of a written contract may be adjudged, on the applica- tion of a party aggrieved: (1) In any of the cases mentioned in 18 GCA '89203; or, (2) Where the contracts unlawful, for causes not apparent upon its face, and the parties were not equally in fault; or, COL1201…

Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made. SOURCE: CC § 3407.

On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require. SOURCE: CC § 3408. NOTE: CC §§ 3409-3411 did not exist. ---------- PART 6 CANCELLATION OF INSTRUMENTS

A written instrument, in respect to which there is a reasonable appre- hension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or cancelled. SOURCE: CC …

COL120106 An instrument, the invalidity 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.…

Where an instrument is evidence of different rights or obligations, it may be cancelled in part, and allowed to stand for the residue. SOURCE: CC § 3414.

An action may be maintained by any person interested in any private document or instrument in writing, which has been lost, destroyed or damaged by conflagration or other public calamity, to prove, establish, compel the reissuance, reexecution, and reacknowledgment of such docu- …

Preventive relief is granted by injunction, provisional or final. SOURCE: CC § 3420. COL120106

Provisional injunctions are regulated by Title 7 [Civil Procedure] of this Code. SOURCE: CC § 3421.

Except where otherwise provided by this Chapter, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: (1) Where pecuniary compensation would not afford adequate relief; (2) Where it would be extremely difficult to ascertain …

An injunction cannot be granted: First. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings. Second. To stay proceedings in a court of the Uni…