Torts (Equitable Remedies)

Question 1

Preliminary injunction

Answer 1

Used to preserve the status quo between the parties until a full trial on the merits can be held. Can also be permanent.

Granted after a regular adversary-type court hearing.

Plaintiff must show that they are likely to prevail on the merits and will suffer irreperable injury before the trial can be held unless the injunction is granted.

Question 2

Temporary restraining order

Answer 2

If the irreperable harm will occur before a preliminary injunction hearing, a temporary restraining order may be sought.

Less formal notice is required than preliminary injunction.

Can be issued ex parte.

Limited to 10 days in state court; 14 days in federal court

Question 3

Limitations on decree

Answer 3

A court will not issue a decree that would be difficult to supervise

Question 4

Mandatory vs. Negative injunctions

Answer 4

Mandatory injunctions require the defendant to do something (difficult to enforce)

Negative injunctions order the defendant to stop doing something (easier to enforce)

Question 5

Balancing hardships

Answer 5

In balancing the hardships, the court will make sure that the hardship to the defendant or the public, where relevant, does not outweigh the benefit that the plaintiff may get from relief sought.

Under the majority view, if the harm to the plaintiff does not outweigh the harm to the defendant or the public, the court will deny the injunction and limit the plaintiff’s damages.

Question 6

Defenses to equitable relief

Answer 6

1. unclean hands
2. laches
3. impossibility

Question 7

unclean hands

Answer 7

The party seeking equitable relief must not be guilty of any “unfair dealing” with respect to the transaction sued upon

Question 8

Laches

Answer 8

unreasonable delay by the plaintiff in initiating their equitable claim that results in prejudice to the defendan. The effect of the delay is key.

Begins to run from the time plaintiff has knowledge that one of his rights has been infringed.

Question 9

Impossibility

Answer 9

Defendant has affirmative defense if it is impossible for them to carry out the injunction

Question 10

What must a party seeking preliminary injunction show?

Answer 10

1. they will suffer irreperable injury if the injunction is not granted
2. the harm they would suffer if the injunction is not granted would outweigh the harm the defendant woould suffer if the injunction is granted; and
3. they are likely to prevail on the merits of the underlying case