III. Specific Requirements: For Injunctions

Question 1

Use of INjunctions

Answer 1

• Equity can prevent a threatened wrong or injury, by a preventive injucntion
• It can also redress an injury that has been inflicted by a corrective injuction
• Most relief directed at tortious or tort like conduct

Question 2

Obtaining Injunctive Relief

Answer 2

• Must satisfy all general requirements
• Tort must be available for equitable relief
• Always discretionary–may refuse if burden or hardship on person enjoined is disproportionate to any benefit to the person seeking injunctive relief

Question 3

Torts where injunctions are normally available

Answer 3

1. Trespass
2. Conversion
3. INtrusion on Seclusion
4. Misapporpriation of P likeness

Question 4

Torts in which Injunctions are Sometimes Available

Answer 4

1. To Eliminate a nuisance
   
   • provided that nuisiance is ONGOING, NOT COMPLETED
2. To Prevent the tort of waste
   
   • provided that waste is destructive OR Permissive waste, NOT amerliorative waste
3. INducement of Breach of Contract
   
   • unless defendant’s condcut is privliged
     
     • no real defintion–may be excused by obligation to care for a person or financial responsibility
       *

Question 5

Torts in which Injunctions are not normally available

Answer 5

1. Defamation
2. Publicity
3. Public Disclosure of Embarassing information
   
   1. these three deal with Constitutional Concerns over prior restraint of free speech
4. Equity will not enjoin pending criminal proceedings, and will enjoin threatened criminal proceedings only under exraordinay cirucmstances
   
   • right to appeal considered adequate remedy

Question 6

Restrictive Covenants

Answer 6

GA allows restrictive covenants in employment or commercial contracts.

• An employee may agree to refrain, for a stated period of time after empoyment ends from such activeis such as
  
  • soliciting business from employees customers
  • engaging in competitive activity
• Violation may be prevented through injunction

Question 7

Reasonbleness of Restrictive Covenants

Answer 7

• Time period of 2 years is consdiered presumptively reasonable, as is a time period equal to or measured by the parties’ business or commercial relationship
• Confidentiality agreements may be unlimited in duration
• Restrictive covenatn associated w/ Sale of business, a preiod of 5 years is reasonable
• Must be reasonable based on geogrpahyic territory (e.g. those places where employer does business during employment relatinoships

Question 8

Interlocutory INjunctive Relief

Answer 8

PReserve statuts quo for time period need to determine issues in litigation

1. TRO
2. interlocutory injucntion
   3.

Question 9

Obtaining Interlocutory Injunction

Answer 9

Must show

1. irreperable injury
2. likelihood of success on the merits

Only after hearing from both sides

must have a bond

TRO effective for 30 days–must show immediacy of injury–do not need hearing of both sides