Term
| When is equity relief available (5 Reasons) |
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Definition
When there is no adequate remedy at law
1. Damages cannot make P whole bc SM is unique
2. Damages are speculative & uncertain
3. Multiple, successive suits would have to be brought
4. Insolvency of D makes judgment at law uncollectible
5. Irreparable harm results from Ds conduct which cannot be fully compensated by money damages |
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Term
| Equity Relief Limitations |
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Definition
1. Ct must have jd to enforce
2. Must have property right (traditional)/protectable interest (modern trend) present
3. No right to jury unless combined with legal claims - can separate out claims unless single set of facts |
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Term
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Definition
Rule: P can obtain as relief against tortious conduct being or about to be committed if P can show:
1. legal remedy is inadequate
2. property right/protectable right involved
3. enforcement is feasible, practicable, and effective
4. hardship to /public does not outweigh benefit
5. no defenses available
6. PJ over D |
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Term
| Enforcement of Injunction |
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Definition
| Contempt, only defense is lack of jd over parties or sm |
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Term
| Types of Injunctions (2/2) |
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Definition
Mandatory or Negative
Interlocutory or Permanent |
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Term
| Who is bound by an Injunction? |
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Definition
1. Parties
2. Agents & servants of parties
3. 3rd Parties acting in concert/collusion w. actual notice |
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Term
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Definition
| Full force & effect until vacated or modified or overturned or set aside on appeal |
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Term
| Injunctions & Torts, Which torts? (8) |
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Definition
1. Nuisance
2. Trespass to Land
3. Waste
4. Conversion of/Trespass to Chattels
5. Defamation
6. Invasion of Right to Privacy
7. Abuse of Judicial Process
8. Unfair Competition |
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Term
| Injunctions & Torts, Nuisance |
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Definition
| - Private party can only seek injunction for private nuisances, not public (state can), unless special injury |
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Term
| Injunction & Torts, Trespass to Land |
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Definition
| Only if trespass is continuous |
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Term
| Injunctions & Torts, Waste |
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Definition
1. Destructive - yes
2. Permissive - yes
3. Ameliorative - generally no |
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Term
| Injunctions & Torts, Chattels |
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Definition
Conversion of - if unique chattel
Trespass to - if continuous |
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Term
| Injunction & Torts, Defamation |
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Definition
| Often barred by free speech issues |
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Term
| Injunctions & Torts, Invasion of Privacy |
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Definition
Traditionally, no
Modern Trend, okay as long as not barred by 1st Amend rights |
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Term
| Injunction & Torts, Abuse of Judicial Process |
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Definition
May enjoin persons from bringing
- malicious, unfounded suits at law
- suits in another state based on fraudulent jd
Or enforcing judgments obtained through extrinsic fraud |
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Term
| Injunctions & Torts, Unfair Competition |
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Definition
Encouraging 3rd party to break K with P - yes
Use of trade secrets - yes if improperly taken against both taker and intended user |
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