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Law Notes Equity Notes

Equitable Personal Remedies I Notes

Updated Equitable Personal Remedies I Notes

Equity Notes

Equity

Approximately 94 pages

These notes discuss equitable rights and assignments as well as fiduciary duties of parties and unconscionability. It deals with the relationship between equity and the common law....

The following is a more accessible 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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