Equity

Question 1

Preliminary Injunctions

Answer 1

The law states that a preliminary injunction is an extraordinary remedy only granted when justice requires, there are no adequate legal remedies and there is a real and imminent danger of irreparable harm. In assessing whether a PI should be granted, the court looks at 4 factors: 1.Whether the harm is irreparable .Harm is irreparable if there is a non-compensable injury & no adequate legal remedy or a legal remedy cannot be determined w/sufficient certainty. This requirement is indispensable. Courts also evaluate whether the harm to D if the injunction is granted is greater than the harm to P if the injunction is not granted, the likelihood that the applicant will prevail on the merits of the claim and whether there will be harm to the public interest if the PI is granted