8. Equitable Remedies

Question 1

Injunction

Answer 1

legal comment to the D to stop doing something

Question 2

Two types of injunctive relief (Not mutually exclusive)

Answer 2

1. Negative or Prohibitory: An injunction that says “don’t do X” or stop doing X”
2. Mandatory Injunction: An injunction that compels the D to perform an act “Yo must do X”

Question 3

What must a P prove to be awarded an injunction?

Answer 3

1. That you have no adequate remedy at law (Money won’t be good enough)
2. That you have suffered a harm to some property interest or a protectable right
3. That the injunction would be enforceable
4. The balance of hardships must tip in the P’s favor — The benefit to the P must outweigh the hardship suffered by the D

Question 4

Three Defenses to Injunctions

Answer 4

1. Unclean Hands: The P should not get the injunction, because the P is guilty of misconduct as well
2. Laches: Triggered if the P has delayed in asking for an injunction so long that the D detrimentally relied on the P’s inaction.
3. The First Amendment: If the tort in question is defamation or a privacy tort, and the D is media, the D can claim no prior restraint.

Question 5

In order to get a preliminary, the P must:

Answer 5

1. Demonstrate a likelihood of success on the merits

2. That he would suffer irreparable injury w/out it (Extreme version of money won’t make him whole)