Injunctions & Restitution

Question 1

Injunctive Releif

Answer 1

Specific relief - court order requiring someone to do or stop from doing something

Question 2

Injunctive Relief Factors

Answer 2

• Inadequate remedy of law
• Irreparable harm to plaintiff without injunction
• Balance of the hardships (does it favor plaintiff?)
• Public interest

Question 3

Likely Granted Against:

Answer 3

• Defendant’s continuing or threatened tort
• Constitutional violations
• Statutory violations

Question 4

Specific Performance

Answer 4

Analogous remedy against a defendant’s breach of contract

Question 5

Temporary Restraining Order (TRO)

Answer 5

Issued before litigation, requires exigent circumstances

Question 6

Preliminary Injunction

Answer 6

Lasts while litigation is ongoing

Considers the 4 factors + Plaintiff’s likelihood of success on the merits

Question 7

Resitution

Answer 7

Equitable remedy requiring the defendant to pay money to the plaintiff

Not the same as compensatory damages

Seeks to disgorge a defendant’s unjust enrichment (rather than make P whole)

Awarded when:
1. Allowing a defendant to keep the benefit provided under a legally enforceable contract would be inequitable (D willingly benefited but refused pay/return goods)
2. Some jurisdictions allow a restitutionary remedy even when the plaintiff didn’t bestow any benefit on the defendant (detrimental reliance on unenforceable contract)
3. Windfall for not returning payment

Question 8

Quasi-Contract Restitution

Answer 8

When Plaintiff bestows a benefit on a defendant pursuant to an unenforceable contract

or

When Plaintiff provides a benefit or payment to a benefit without any agreement