Torts-Equitable Remedies

Card Set Information

Torts-Equitable Remedies
2011-06-05 19:29:54
torts equitable remedies tort litigation

Torts-Equitable Remedies
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user brozovic on FreezingBlue Flashcards. What would you like to do?

  1. Permanent Injunctions
    4-part showing:

    • 1. “No adequate remedy at law.” (term of art; use it).
    • --At law=money. Money will not remedy the tort.
    • --Common
    • --D is insolvent;
    • --Harm impossible to measure in monetary terms (kennel killing dog);
    • --Conduct is ongoing/repetitive.

    • 2. Tort in question impinges on a property interest or protectable right.
    • --Largely a formality. Modern courts, underlying tort right usually=protectable right.

    • 3. Injunction is enforceable.
    • --Negative injunctions easy to enforce via contempt.
    • --Mandatory injunctions make courts cautious about questions of compliance. Look at:
    • ---Complexity of the conduct ordered (tear down
    • fence on neighbor’s land vs. installation of
    • noise abatement walls).
    • ---Time task will take (Court have to monitor
    • ongoing compliance?)
    • ---Outside jurisdiction?

    • 4. Balance of hardships favors the P.
    • --P must demonstrate that benefit to him outweighs harm to D.
  2. Preliminary Injunctions
    • Over and above showing for permanent injunction,
    • 2-part showing:

    • 1. Likely success on the merits.
    • 2. P will suffer an irreparable injury in absence of PI.
  3. Defenses to Permanent Injunctions
    • Unclean Hands
    • Laches
    • First Amendment
  4. Defenses to Permanent Injunctions
    Unclean Hands
    • D can show that P himself is guilty of some form of misconduct.
    • (injunction sought against use of trade secrets, D shows that P stole the secrets to begin with)
  5. Defenses to Permanent Injunctions
    • Prejudicial delay. D shows that
    • --because P waited to commence suit,
    • --D assumed there was no issue, and
    • --D thus detrimentally changed its position.

    (Living next to factory for 3 years before bringing suit; factory defends that it expanded because it assumed you were ok with it).
  6. Defenses to Permanent Injunctions
    First Amendment
    Prior restraints are deeply disfavored.

What would you like to do?

Home > Flashcards > Print Preview