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5 Cards in this Set
- Front
- Back
EQUITABLE REMEDIES - General requirements
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i) No adequate legal remedy
ii) Some property right or protectable interest iii) Enforcement is feasible, practicable & effective iv) Hardships balanced in P’s favor |
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WHAT ARE LEGAL REMEDIES?
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money damages, replevin, ejectment
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WHETHER AN EQUITABLE REMEDY IS FEASIBLE DEPENDS ON
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complexity, duration, location --- more likely if negative vs. mandatory injunction
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PRELIMINARY INJUNCTIONS - Added elements:
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i) Likelihood of success on the merits
ii) P will suffer irreparable harm in absence of injunction |
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EQUITABLE REMEDIES - SPECIAL DEFENSES
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i) Unclean hands
ii) Estoppel iii) Impossibility or hardship iv) Laches (i.e. prejudicial delay & detrimental reliance) v) First Amendment - see Con Law. But a court will protect IP, trade secrets |