Equity

Question 1

What is the test for a permanent injunction?

Answer 1

1) No adequate remedy at law
(e. g. ∆has no money, harm cannot be measured in $ terms, continuing or repetitive)

2) Protectable interest
3) Enforceable: becomes an issue for affirmative injunctions when requiring someone to do something, rather than prohibiting them from doing something
4) Balance of hardship: benefit to π must outweigh the harm to ∆

Question 2

What equitable defenses are reasons to deny an injunction?

Answer 2

Unclean hands: πguilty of misconduct

Laches: prejudicial delay

1st Amendment: e.g. injunction for defamation

Question 3

What is a preliminary injunction and what is the test?

Answer 3

Preliminary injunction preserves the status quo until permanent injunction is ruled on

Must meet two additional elements

1) Likelihood of success on the merits
2) Irreparable injury