Equity

Question 1

Remedy for Private Nuisance?

Answer 1

A permanent Injunction

Question 2

What must moving party show in order to obtain injunction?

Answer 2

(1) that the plaintiff has suffered an irreparable injury;

(2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury;

(3) that the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant; and

(4) that the permanent injunction being sought would not hurt public interest.

Question 3

Private Nuisance Defenses

Answer 3

Unclean Hands

Question 4

Unclean Hands

Answer 4

The defense of unclean hands is an affirmative defense to an equitable claim.

Under the unclean hands doctrine, a party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct.