Explore the legal terms and concepts related to Tort - Equitable Remedies. Click on any term below to learn more about its definition and applications.
What is contempt?
The court has both civil and criminal contempt power to ensure compliance with court orders. Civil...
What is the collateral bar rule?
Where the court issues an injunction erroneously, a party must nonetheless comply with the terms and...
What parties are bound by an injunction?
The parties to the case are bound by the injunction, as are employees and agents acting with notice,...
When assessing defenses to a lawsuit seeking injunctive relief, when is impossibility applicable?
Impossibility is a defense where it would be impossible for the defendant to carry out the terms of...
When assessing defenses to a lawsuit seeking injunctive relief, when is laches applicable?
Laches is an unreasonable delay by the plaintiff in initiating his claim that results in prejudice t...
When assessing defenses to a lawsuit seeking injunctive relief, when are unclean hands applicable?
Unclean hands is an available defense only where a plaintiff's alleged improper, unethical, or bad f...
What are the defenses to a suit seeking injunctive relief?
The defenses to injunctive relief are: (1) unclean hands ; (2) laches; (3) impossibility; and (4) fr...
When assessing a permanent injunction, how do courts balance hardships?
The court will balance the benefit to the plaintiff with the hardship to the defendant if relief is...
When deciding on applying a permanent injunction, when may money damages be inadequate?
Money damages may be inadequate because they were too speculative, the injury is truly irreparable,...
When deciding on a permanent injunction, when may ejectment be inadequate?
Ejectment may be inadequate because the sheriff may refuse to act (e.g., will not tear down an encro...
When may replevin be inadequate as a remedy and, instead, a court will opt for a permanent injunction?
Replevin may be inadequate because the sheriff may be unable to recover the item (e.g., they cannot...
When will a court issue a permanent injunction?
A permanent injunction will be issued after a trial on the merits where: (1) there is no adequate le...
What is a preliminary injunction and how is it issued?
A preliminary injunction maintains the status quo during trial, and it is issued after an adversaria...
What is a temporary restraining order ("TRO") and what is required to get one?
A TRO is a short-term, pre-trial, temporary injunction. They may be issued pending a hearing to dete...
What are equitable remedies in tort?
Equitable remedies in tort consist of injunctive relief, wherein a defendant is ordered to do or ref...
