Equity Flashcards
What 5 requirements must a P show to obtain injunctive relief?
- legally recognized right is being or about to be infringed
- there is no adequate remedy at law
- feasibility – injunction is feasible and will effectively vindicate right
- hardship to D does not greatly outweigh the benefit to P
- no defenses are available
What must a court have to issue an injunction?
Personal Jurisdiction over the defendant
What is a mandatory injunction?
D must perform a particular act
What is a negative injunction?
D must cease performing a particular act
What are the most often encountered tort situations where an injunction may be granted?
- Private Nuisance
- trespass to land – where trespass is continuous
- waste
- Conversion or Trespass to chattels
- Invasion of Privacy
- Defamation
- Abuse of Judicial Process
- Unfair Competition
- Infliction of Physical Harm
What is a private nuisance?
The use of one’s property in an unreasonable fashion so as to interfere with another’s enjoyment of their property (limited to injury of a few ppl for private nuisance)
When may an individual enjoin a public nuisance against the general rule?
When the individual has suffered a special injury not suffered by the general public
What is a public nuisance?
Nuisance that damages all persons that come within its sphere of operation
**generally only state can seek to enjoin a public nuisance
What is ameliorative waste?
acts that result in the increase in the value of land but change its character (ex: historic house torn down to build a skyscraper) – NOT ground for injunctive relief
What types of waste are grounds for injunctive relief?
- Destructive – positive acts cause permanent harm to land
2. Permissive – not taking care of land
What are the various types of unfair competition?
- Trade Libel
- Inducing breach of K OR refusal to deal
- Use of competitors trade secrets
- Trademark Infringement
- Trade Name Infringement
- Copyright Infringement
- Patent Infringement
- Appropriations of Ideas (limited)
What factors will a court assess in determining whether a privilege to induce exists? (refers to inducing breach of K or refusal to deal in unfair competition scenarios)
- What kind of relationship is the D’s conduct affecting?
- What is the nature of the Conduct? – softer the better
- What is the relationship b/w the parties?
- What are the D’s motives?
- What social interests might be advanced?
When will the relationship b/w two parties make an inducement not to deal privileged?
When the parties are competitors
**competitors not privileged to induce breach of K
When will a relationship b/w a D and a third party make an inducement not to deal privileged?
When D is/has
- responsible for third party
- financial interest in third party
- when D’s advice is requested by third party
What 3 questions will a court ask to determine whether the use of a competitors trade secret is enjoinable?
- Is the property a trade secret?
- How was the trade secret taken? – ct. more likely to enjoin if info taken wrongfully
- What is the relationship of taker to owner? – ex. if taker is fiduciary of owner ct. will likely enjoin
What is a trade secret?
valuable info that give is possessor a competitive advantage if kept secret
What is a trademark?
any mark, word, letter, number, design, picture or combination (of the previous) used to designate a product’s identity. (Identifies the product’s source)
What Factors are assessed in determining trademark infringement?
- similarity of marks
- similarity of goods
- similiarity of geographical marketplace
- similarity of type of marketplace
- similarity of customers
- similarity of price
- Is there intent to cause confusion by second/infringing mark proprietor
What is a trade name?
Identifies the source of goods, services or businesses
What must be true of and Idea for injunctive relief to be granted to protect it?
Idea must be:
- novel
- commercially useful
- reduced to some concrete form or outline
What types of legal remedies may be inadequate allowing an equitable remedy to be granted?
- money damages
- replevin
- ejectment – if sheriff refuses to act
What factors make money damages inadequate?
- damages are speculative
- D is insolvent
- Irreparable Injury
- Multiplicity of actions
- No right to damages
What 2 main factors will a court asses in determining whether an equitable remedy is feasible?
- Complexity of Act to be performed – more complex act is to perform the more hesitant court will be to act
- Continuous Acts - more supervision needed more hesitant court will be to act
What 3 steps will the court take to determine whether a proposed injunction will place an undue hardship on the D?
- first ask will the injunction pose a undue burden on D
- next weigh the hardship against the benefit to be gained by P
- IF hardship incurred by D is considerable greater than benefit to P ct. will usually not issue injunction and order money damages instead