4) Equitable Remedies - Tort

Question 1

main equitable remedy in tort

Answer 1

injunction

Question 2

injunction: def

Answer 2

orders wrongdoer to do something, or stop doing something

Question 3

kinds of injunctions

Answer 3

1) temporary restraining order
2) preliminary
3) permanent

Question 4

TRO: def

Answer 4

used when there is immediacy of harm before litigation can even begin

P facing irreparable harm

nec to maintain status quo during litigation

only specified number of days, 10-20

bond

Question 5

prelim injunction: def

Answer 5

after ex parte TRO, hearing reviews the injunction

maintain status quo til full hearing can be held to dtermine if should make permanent

Question 6

prelim injunction: elements

Answer 6

1) P likely to succeed on merits of underyling claim
2) irreparable harm to P if denied (ex. about to harm the other party so much that not having this would make judgment ineffectual)
3) balancing of hardships btwn parties
4) public interest favors this relief?

Question 7

prelim injunction: alternative test

Answer 7

minority

can do traditiona 4 part OR sliding scale –> the greater potential for irreparable injury to P, lesser required showing of previaling on the merits

Question 8

permanent injunction; mnemonic

Answer 8

I'm 
Passing the 
Freaking
Bar
Damnit

Question 9

permanent injunction; test

Answer 9

1) inadequate legal remedy
2) property right
3) feasibility
4) balancing
5) defenses

Question 10

pi: inadequate legal remedy: exs

Answer 10

might be inadequate if:
damages too speculative
ongoing wrong, multiplicity of suits
involves land
injury is irreparable (damages won't adequately compensate once the harm occurs)

Question 11

pi: property right: def

Answer 11

v broad or no longer needed in most js – any interest –> property right

Question 12

pi: feasibility; def

Answer 12

1) judicial concern (if D is out of state)–can court enforce?
2) is injunction mandatory or prohibitory? (mandatory –> supervision)

Question 13

pi: balancing hardships: def

Answer 13

1) balance harm to P (if no injunctioN) vs burden on D (if there is an injunction). If balancing weighs on P’s side, element established
2) when to balance: DO NOT BALANCE AT ALL IF D’s conduct is willful

Question 14

pi: defenses: list

Answer 14

1) laches

2) unclean hands

Question 15

laches: def

Answer 15

P unreasonably delays in asserting his rights AND this undul prejudices D

Question 16

unclean hands: def

Answer 16

if P has committed wrong that harmed D, WRT THIS CURRENT DISPUTE, then P’s hands are not clean and no injunction