Tort Equitable Relief

Question 1

Equitable remedy will only be available where there is _____

Answer 1

No adequate remedy at law, i.e., no remedy by damages, replevin, ejectment

Question 2

Equity will not take jurisdiction where there are ________. there must be a means to force compliance and to determine compliance.

Answer 2

No jurisdiction for equity where there are NO PRACTICAL MEANS TO ENFORCE the decree.

Question 3

***A trade secret will be protected by courts with an injunction on theory of: a. Violation of property rights in trade secret, b. Breach of fiduciary relationship by employee, and c. Breach of contract by employee. QUESTIONS: 1. Define a “trade secret”? 2. How was the trade secret taken? 3. What is the relationship between taker and owner? 4. Who may be enjoined?

Answer 3

1. Trade information not readily available that provides a competitive advantage.
2. Injunction more likely if the information was WRONGFULLY OBTAINED.
3. There is either a fiduciary or contractual relationship with your employees, but an express contractual covenant is NOT REQUIRED for an injunction against disclosure of trade secrets.
4. An injunction applies to both the taker and the person who intends to use the secret.

Question 4

***When are monetary damages inadequate? 5 situations

Answer 4

1. To speculative
2. Insolvent defendant
3. Irreparable injury
4. Multiplicity of actions required
5. Tort is prospective, so no damages yet

Question 5

Is enforcement feasible? Compare negative and mandatory injunctions

Answer 5

A negative injunction it easier to get because no supervision is required. A mandatory injunction is more complex, especially when there are continuous acts required. Out-of-state injunctions are also more difficult to get.

Question 6

Describe the weighing of hardships when deciding whether an injunction will be granted

Answer 6

Weigh the benefits of the plaintiff against the hardship to the defendant. If the benefits of the plaintiff is GREATLY outweighed by the burden on defendant, no injunction.

Question 7

What are the 4 EQUITABLE defenses a defendant may invoke? Standard tort defenses still apply

Answer 7

1. Unclean hands (P’s hands in the same transaction)
2. Laches: plaintiff unreasonably delayed bringing action, and it is prejudicial
3. Estoppel: detrimental reliance
4. Defenses of impossibility, hardship, and freedom of speech

Question 8

What is the purpose of a preliminary injunction?

Answer 8

To preserve the status quo until a full trial on the merits can be held.

Question 9

What must the moving party show in order to get a primary injunction (2 things). The preliminary injunction requires a 2-party court hearing (a temporary restraining order would not require a court hearing).

Answer 9

1. Irreparable injury in the absence of the preliminary injunction, and
2. Likelihood prevailing at trial

Question 10

put these in chronological order: prelim inj, perm inj, trial, TRO?

Answer 10

TRO preserves status quo until PRELIM INJUNCTION then TRIAL which grants PERMANENT INJUNCTION