Equity Flashcards
What is the standard for a judge deciding whether to award equitable relief?
in the sound discretion of the court
When in equitable relief available?
(1) plaintiff has a protectable interest
(2) there is no adequate remedy at law,
(3) the relief would be effective and enforceable
(4) the hardships balance in plaintiff’s favor, and
(5) no equitable defenses prevent the relief sought
For what reasons is there no adequate remedy at law?
(i) damages cannot make plaintiff whole
(ii) damages are speculative and uncertain
(iii) multiple successive suits would have to be brought to obtain relief at law
(iv) damages would be uncollectible because defendant is insolvent
(v) irreparable harm not remediable by damages
When would equitable relief not be effective and enforceable?
- land located out of the state
- performance required out of state
- performance would require constant supervision
- interference with free speech
- compelled personal services
- interference with administration of criminal law
What balancing test is applied for equitable relief?
balance the:
- harms to plaintiff if not issued
- harms to defendant if issued
- public’s interest
When is a plaintiff entitled to a jury trial in a civil case?
Generally, there must be a claim for money damages.
When plaintiff brings both legal and equitable claims, or requests both legal and equitable relief, then it is necessary to submit the entire case to the jury if:
- there is a single set of facts
In a contempt proceeding, what defenses are available?
The court lacked PJ or SMJ. Courts will not reconsider the merits.
What is the difference between a “mandatory injunction” and a “negative injunction”?
- mandatory injunction = remedial in nature
- negative injunction = preventive
What is an interlocutory injunction?
- temporary relief intended to maintain the status quo between the parties until there is a judgment on the merits
What is a permanent injunction?
- issued after a full decision on the merits
Who can be bound by an injunction?
- all parties
- parties’ agents and employees who receive actual notice
- persons acting in concert or collusion with parties and receive actual notice
i.e., injunctions cannot bind the whole world
What torts may warrant equitable relief?
- nuisance
- trespass to land
- waste
- conversion
- trespass to chattels
- defamation
- invasion of privacy
- abuse of process
- unfair competition, etc.
- violence/infliction of bodily harm
In obtaining equitable relief for business torts, what is the focal issue?
whether there is a protectable interest in the nature of a property right
What equitable remedy is available for trespass to chattels?
Replevin
What equitable remedy is available for trespass to land?
Ejectment
In deciding whether to issue a mandatory injunction, what factors does the court consider?
(1) is the act complex and involve great skill, judgment, or taste
(2) does the relief call for continuous acts over a long period of time
–>Where these factors are present, courts will deny.
What defenses will prevent equitable relief?
- unclean hands
- laches
- impossibility
- hardship
- free speech
What is required for the unclean hands defense?
plaintiff acted wrongfully with respect to the “same transaction”
What is required for the laches defense?
(1) plaintiff unreasonably delayed in bringing the action, and
(2) the delay prejudices defendant
When is delay excused, such that laches is not a defense?
- fraud, concealment of the claim
- plaintiff not aware of facts giving rise to the claim
When does laches begin to run and expire?
(a) laches begins to run when plaintiff has knowledge that a right has been infringed
(b) one the statute of limitation has run, laches is no longer available
When does laches begin to run and expire?
(a) laches begins to run when plaintiff has knowledge that a right has been infringed
(b) once the statute of limitation has run, it controls
*even if the SOL has not yet run, laches might shorten the period during which suit must be brought
