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Equitable Personal Remedies I Notes

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This is an extract of our Equitable Personal Remedies I document, which we sell as part of our Equity Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Equity Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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

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