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Remedies • Tort - Equitable Remedies
REM#026
Legal Definition
Replevin may be inadequate because the sheriff may be unable to recover the item (e.g., they cannot find or identify it) or the defendant can file a redelivery bond and abscond with or destroy the item in the interim.
Plain English Explanation
A permanent injunction is a court order that tells someone to stop doing something forever. Replevin is a legal action where someone can get back an item that was wrongly taken from them. However, there are times when using replevin might not work. This can happen if the police can't find or recognize the item that needs to be returned. Another reason is that the person who took the item (the defendant) can use a legal method called a redelivery bond to take the item back temporarily. During this time, they might run away with the item or even destroy it.
Hypothetical
Hypo 1: Bob takes Sam's unique antique clock. When Sam takes legal action to get it back, Bob files a redelivery bond, promising to return the clock later. However, during this time, Bob damages the clock. Result: Even though Bob promised to return the clock, he damaged it in the meantime. This shows that relying on replevin can sometimes be risky.
Hypo 2: Bob borrows a regular, easily identifiable bicycle from Sam and refuses to return it. The sheriff easily finds the bicycle in Bob's garage. Result: In this case, replevin works just fine because the item is easy to find and there's no risk of Bob damaging it in the meantime.
Hypo 2: Bob borrows a regular, easily identifiable bicycle from Sam and refuses to return it. The sheriff easily finds the bicycle in Bob's garage. Result: In this case, replevin works just fine because the item is easy to find and there's no risk of Bob damaging it in the meantime.
Visual Aids
Related Concepts
What are equitable remedies in tort?
What are the defenses to a suit seeking injunctive relief?
What is a preliminary injunction and how is it issued?
What is a temporary restraining order ("TRO") and what is required to get one?
What is contempt?
What is the collateral bar rule?
What parties are bound by an injunction?
When assessing a permanent injunction, how do courts balance hardships?
When assessing defenses to a lawsuit seeking injunctive relief, when are unclean hands applicable?
When assessing defenses to a lawsuit seeking injunctive relief, when is impossibility applicable?
When assessing defenses to a lawsuit seeking injunctive relief, when is laches applicable?
When deciding on a permanent injunction, when may ejectment be inadequate?
When deciding on applying a permanent injunction, when may money damages be inadequate?
When will a court issue a permanent injunction?
