Equity

Question 1

What are the two type of injunctions?

Answer 1

There are negative injunctions - where the injunction will order the defendant to cease doing something.

There are mandatory injunctions - where the injunction will order the defendant to commence perform.

Question 2

When can you have injunctions?

Answer 2

You can have preliminary injunctions - which are interlocutory and a provisional remedy. This is to maintain the status quo until trial on the merits.

You can have permanent injunctions as a usual equitable remedy. These may only be issued after a full hearing on the merits and are binding on the parties.

Question 3

What are the key issues for determining whether injunctive relief is appropriate?

Answer 3

1. Is the legal remedy inadequate?

Defendant is insolvent; harm is non-monetizable, or a continuing harm (i.e. trespass)

2. Is enforcement feasible, practicable, and effective?
3. Are the hardships balanced?
4. Does the defendant have any defenses?

This isn’t just for property - its for any protectible right or interest.

Question 4

What defenses do a defendant have against injunctions?

Answer 4

1. Unclean Hands: the improper conduct must relate to the same transaction involved in the litigation.
2. Laches: laches may be available if plaintiff has unreasonably delayed in bringing an action and the delay is prejudicial to defendant. Laches commences to run when plaintiff has knowledge that a right has been infringed.
3. Estoppel: estoppel is available as a defense if one party acts wrongfully or negligently and thereby induces reliance by another who is entitled to rely and who changes his position to his detriment.

Question 5

What does the moving party need to show to get a preliminary injunction?

Answer 5

The moving party must generally show:

1. Irreparable injury if a preliminary injunction is not granted, and
2. The likelihood of prevailing at the later trial (success on the merits).

Notice of the hearing must be given to the defendant.