#6545 - Equitable Personal Remedies I - Equity

EQUITABLE PERSONAL REMEDIES I EQUITY 34 INJUNCTION An injunction is an order of the court compelling a party to refrain from doing something, (prohibit), or to perform some positive act, (mandate). * * * * * Final remedy, either alone or as an order to another principal relief Protect the rights of a party pending the final outcome of litigation Awarded in equity's exclusive jurisdiction o Restrains a continuing or anticipated breach of an equitable obligation Also awarded in an auxiliary jurisdiction o Restrain a continuing or anticipated breach of a legal right where common law damages would be inadequate Preventative relief Interim Injunctions: * Limited time, but expiring on a specific day Interlocutory Injunctions: * Preserve the status quo for a limited duration * Matter of urgency for immediate damage o Full and fair disclosure of all facts o Material facts known to the plaintiff and would have been known SS? Legitimate urgency SS? Time frame Ex parte and inter partes Injunctions Ex parte = without the defendant Inter parties = awarded after all parties have been served Considerations: * Adequacy of common law relief o No injunction will be issued in an auxiliary jurisdiction where a common law remedy like damages can be applied SS? Damages may be inadequate where: * There is doubt as to the defendants ability to pay * Where damages are difficult to quantify * Effect of an injunction akin to ordering specific performance * Futility o When the party on whom the injunction is granted can circumvent it without committing any wrongful act * Continuing curial supervision EQUITY 35