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A Preliminary Injunction Is an Injunction That May Be Granted Before Or During Trial, with the Goal of Preserving the Status Quo Before Final Judgment

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A Preliminary Injunction Is an Injunction That May Be Granted Before Or During Trial, with the Goal of Preserving the Status Quo Before Final Judgment REMEDIES 2020 ISSUE SHEET Question 1 This is your questions regarding injunctions. Permanent Injunction Students must discuss all elements of permanent injunctions: 1. No adequate remedy at law: Money damages would not suffice to remedy the problem. Here we have pollution going into a river. While monetary damages may correct the wrong to date, because the pollution continues money damages are insufficient. 2. Irreparable Harm: The harm is not remedied by money damages alone. Again, because we have pollution going into a river monetary damages are insufficient. 3. Balancing Equities: Balancing relief between defendant and plaintiff. - Injury to plaintiff based on defendant’s conduct, must be more than injury to defendant from imposing injunction. Here the injunction would only require the defendant to stop polluting in the river. This would only involve fixing the leak. It may also require cleanup. Obviously this is less intrusive then allowing pollution to continue destroying the fish business. 4. Public Interest/Harm: Will imposition of injunction pose a harm to the public? The public has a clear interest in maintaining suitable rivers and water that may be used for drinking. Clear public interest. Preliminary Injunction A preliminary injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment. Requires no adequate remedy at law, irreparable harm, balancing equities between defendant and plaintiff, public interest, and likelihood of success on merits. Because the above elements for permanent injunction are met, we have likelihood of success. All elements are in favor. Temporary Restraining Order (TRO) A temporary restraining order is a short-term pre-trial temporary injunctions where there is imminent danger or exigent circumstances. This is issued without a noticed hearing. One could argue either way here, as the situation does seem urgent but one could argue that it is not so urgent as to needing a TRO prior to the preliminary injunction. Monetary Damages Students should briefly discuss monetary damages, i.e. loss of business to the fish company. QUESTION 2 This is your property remedies exam. Discuss the following issues: Specific Performance Patrick is entitled to specific performance of the contract, such that title be delivered to him. Student must discuss the following elements: Requirements: 1. Breach: There is a breach of an enforceable contract 2. Inadequate Remedy at law: Money damages will not suffice as this involves propertu (unique) 3. Irreparable Harm: Unable to affect cover for unique property. - The item is unique, i.e. a house, cannot get item anywhere else. - Sale/Lease Land is unique and specifically enforceable 4. Mutuality of Performance /certainty: theoretically both parties able to perform the contract. - Ex.: Of not being able to perform the contract would be to fore the sale of that house when the house has burned down. Impossible to do or to perform the contract 5. Feasibility of Decree: There order is feasible and performable. Abatement Because of the electrical issue and failure to disclose by the seller, Patrick is entitled to a reduction in the purchase price. Where the unique property has lost value, the court may order specific enforcement with an abatement of the change in value so long as equitable. Rescission or Reformation by SB Construction Sb Construction is entitled to rescission or reformation of the contract due to the electrical system being in a much worse state than previously determined. Students must discuss whether SB Construction will get either remedy and the ground for each. Reformation Reformation is when the court rewrites the contract to ensure both parties' true intentions are reflected. - When, the contract does not truly express the intention of the parties. Reform contract to intentions. The courts edit the contract to the intent the contract is or was supposed to have. Rescission Rescission of a contract is to have the court cancel or unwind the contract. - To have a contract set aside. Put the parties at the point before contract was signed. Requirements: 1. Inadequate remedy at law: Would have to breach the conctract, $ wont suffice. 2. Irreparable harm: Would have to breach and be liable, Continuing injury. Grounds for the claim Court may not enforce (defense to specific performance), or may rescind/reform (equitable remedy) where: Mistake Mutual: A mutual mistake occurs when the parties to a contract are both mistaken about the same material fact within their contract. Court will rescind (scrivener’s error) not for unilateral. Fraud: Court will not enforce or will rescind a contract induced by fraud. Concealment: A material concealment and goes to character of thing contemplated therein (gold in the land sought) - not under duty to disclose irrelevant info / future plan to go condo - Intentionally did not tell the person buying the car that there was an existing problem with that house or car. (Defect in a roof, substantial issues with a used car, etc. Breach of Fiduciary Duty: Fiduciary relation (trustee/beneficiary, principal, surety CPA, ERISA admin, Broker, Agent) & failure to conform to duty (Utmost care and loyalty) Covenant of Good Faith and Fair Dealing: Prohibits taking deliberate advantage of an oversight by contract partner concerning his rights under the contract Inadequate Consideration: Consideration is grossly inadequate or its terms are otherwise unfair; Hardship: (severe, very rare) Enforcement will cause unreasonable or disproportionate hardship - Impossibility or Unconscionable. Unfairness: It was induced by some sharp practice, misrepresentation, or mistake Agreement of Gift: Will not enforce unless it was relied on to detriment of giftee Statute of Frauds: MILEGS Plaintiff’s Default: Default in payment/, will curb equities toward defendant of specific performance claim Restitution If you find that the contract has been cancelled, SB Construction still did work on the generator and should be entitled to payment under a Quasi-Contract theory. Restitution occurs when one party has become unjustly enriched at the expense of the other party. - Claim: Quasi contract, contract, etc. - Unjust Enrichment: Defendant has become enriched/gained unlawfully/undeservingly - At the expense of the plaintiff / emanated from plaintiff - The court will create a contract for the unjust enrichment if the defendant. The court will put a value to the amount the defendant obtained/acquired in unjust enrichment. Quasi Contract below Remedy: Quasi Contract (inventing a K) - Quasi K (assumpsit): Where contract fails, is unenforceable, lacks privity, etc. the court imposes fictitious contract regardless of the intention of the parties to assure just and equitable result - Looks to intent rather than form - Legal remedy but equitably styled may bring equitable defenses. - Equity will not aid enrichment as a result of a volunteer .
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