General Requirements for Any Form of Equitable Relief

Question 1

General requirements for any form of equitable relief

Answer 1

plaintiff must demonstrate no adequate remedy at law, and the equitable remedy must be feasible

Question 2

examples of no when legal remedy is inadequate

Answer 2

Most common:

• subject matter of suit is unique
  
  • all real property deemed unique under law
  • also one-of-a-kind paintings deemed unique
• setting amount of damages would be too speculative for the court.
  
  • e.g. lost profits

Other:

• defendant is insolvent
• multiple lawsuits required for plaintiff to get adequate relief
  
  • e.g. to prevent multiple trespassing
  • watch out for this
• irreparable harm will occur

Question 3

feasibility enforcement power

Answer 3

• the court must be able to enforce the equitable remedy through its contempt power.
• court may act on person or property if the case involves title to or possession of property
• thus, the person who would be ordered to act, or the subject property must be in the state.
• Because if not, court cannot enforce its contempt power

Question 4

feasibility manageability considerations

Answer 4

• court may not act if enforcement would require extensive supervision.
• equitable relief is always discretionary with the court
• too much court supervision=court not likely to give equitable remedy
• court will deny equitable remedy if it lacks standards to determine compliance must issue equity order with black and white requirements in order to give standards of compliance and notice to the subject person/property.

Question 5

feasibility proper court

Answer 5

• Equitable relief must be sought in circuit court, not district court
• exception: FOIA