Injunction Flashcards
1
Q
Permanent Injunction
A
- Success on mertis
- Inadequate Remedy at Law
- Consideration of litigant interests and public interests.
2
Q
Provisional Injunction
A
- Likely to succeed on merits;
- Likely to suffer irreparable harm in the absence of requested relief;
- Bance of hardships tips in his favor; and,
- injunction is in the public interest.
3
Q
Alternative Test Serious Question
A
- Serious question on the merits.
- Movant is likely to suffer irreparable harm in the absence of relief,
- balance of hardships tips sharply in movant’s favor,
- Public Interest.
4
Q
Specific Performance
A
- Contract terms are sufficiently definite.
- Consideration is adequate.
- Substantial similarity b/t requested performance and contract terms.
- Mutuality of remedies
- legal remedy is inadequate.
5
Q
Inadequate Remedy at Law
A
- Damages are inadequate
- Cannot be measured with absolute certainty.
- Measurable but not collectible.
- Multiplicity of actions.