Remedies

Question 1

TRO

Answer 1

A TRO is an order sought at the first stage in the plaintiff’s request for injunctive relief. Its purpose is to maintain the status quo pending a hearing for a preliminary injunction and may be issued after notice and a hearing or ex parte on a sufficient showing of urgency. Courts may take into consideration whether the plaintiff will suffer irreparable harm if the TRO is not granted, the balancing of the hardships and if the plaintiff has a likelihood of success at trial.

Question 2

Preliminary Injunction

Answer 2

A preliminary injunction is a provisional remedy designed to maintain the status quo pending a trial. It is issued after a notice of an adversarial hearing. The granting or refusing of a preliminary injunction is not based on a final determination of the merits of the case. In order to get a PI, the plaintiff must show that he will suffer irreparable harm if the PI is not granted, that the plaintiff has a likelihood of success at trial, and the balancing of the hardships weighs in the plaintiff’s favor.

Question 3

Discuss contract or tort issues under “Likelihood of Success”

Answer 3

:)

Question 4

Specific Performance

Answer 4

Specific performance requires an inadequate legal remedy, definite and certain terms in a valid contract, the feasibility of enforcement, mutuality, and the relief must be equitable (no defenses - unclean hands/laches).

Question 5

Inadequate Legal Remedy

Answer 5

The legal remedy may be inadequate when the plaintiff seeks to recover a rare or unique chattel; when damages are too speculative; or when the k is for the purchase of land.

Question 6

Unclean Hands