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Flashcards in 8. Equitable Remedies Deck (5)
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1

Injunction

legal comment to the D to stop doing something

2

Two types of injunctive relief (Not mutually exclusive)

1. Negative or Prohibitory: An injunction that says “don’t do X” or stop doing X”

2. Mandatory Injunction: An injunction that compels the D to perform an act “Yo must do X"

3

What must a P prove to be awarded an injunction?

1. That you have no adequate remedy at law (Money won’t be good enough)

2. That you have suffered a harm to some property interest or a protectable right

3. That the injunction would be enforceable

4. The balance of hardships must tip in the P’s favor — The benefit to the P must outweigh the hardship suffered by the D

4

Three Defenses to Injunctions

1. Unclean Hands: The P should not get the injunction, because the P is guilty of misconduct as well

2. Laches: Triggered if the P has delayed in asking for an injunction so long that the D detrimentally relied on the P’s inaction.

3. The First Amendment: If the tort in question is defamation or a privacy tort, and the D is media, the D can claim no prior restraint.

5

In order to get a preliminary, the P must:

1. Demonstrate a likelihood of success on the merits

2. That he would suffer irreparable injury w/out it (Extreme version of money won’t make him whole)