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Balancing the Equities (aka Undue Hardship to the Defendant). Even if P can show irreparable injury a court may still deny an injunction if hardship to D is too significant. Court must ask whether : The hardship on D of granting the injunction disproportionately outweighs
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Balancing the Equities (aka Undue Hardship to the Defendant) Even if P can show irreparable injury a court may still deny an injunction if hardship to D is too significant Court must ask whether: Thehardship on D of granting the injunction disproportionately outweighs hardship on P of not granting the injunction (aka benefit to plaintiff of granting the injunction)
Balancing of Equities/Undue Hardship, cont’d • This is a defense = must be raised by D or it’s waived. • How do we give content to this test? • What kinds of harm to P if injunction is not granted (or what benefit to P if it is granted) does court weigh in the balance? • What kinds of harm to D if injunction granted does court typically weigh in the balance?
Balancing the Equities in Whitlock • Does the burden on D (Hilander) if the injunction is granted disproportionately outweigh burden on P (Whitlock) if injunction is not granted (or benefit if granted)? • What is harm to D if granted? • What is harm to P if not granted? • Why doesn’t appellate court uphold lower court’s REFUSAL to grant injunction?
To what extent should D’s culpability factor into the court’s balancing of equities? • How should courts deal with D’s culpability during the balancing? • Should it matter that D acted intentionally if D’s harm from granting the injunction is disproportionate to P’s harm? • What outcome in Whitlock ifD didn’t know the addition was over the property boundary but also didn’t bother to check?
To what extent does P’s culpability weigh in the balancing? • If P does something to aggravate the situation, courts can weigh P’s actions in the balance as well. • Example – if P refused to allow surveyors on land to find out where lot lines between P & D’s land were • To what extent is D trying to argue that P (Whitlock) has acted in a manner so as to be undeserving of relief? • P’s claim is barred by laches • The Doctrine of Laches: Equity aids the vigilant, not those who sleep on their rights. • Courts deny relief if • P’s neglect to assert a right or claim • Together with the passage of time or other circumstances • Substantially prejudices D • Do P’s actions fit this definition?
Cooperative Insurance – Still More Reasons to Deny Injunctions • Once P has established irreparable injury as a result of D’s actions, a court may still deny P’s request for an injunction for many reasons OTHER than balancing of the equities (often described simply as part of a court’s “equitable discretion”) • What remedy does Co-op Ins. P seek? • Why does the trial court refuse to grant P’s requested remedy?
Cooperative Insurance – Balancing the Equities (a review) • In whose favor do the equities balance? Who has the greater burden if the injunction is or is not granted? • P’s burden if not granted? • D’s burden if granted? Disproportionate to P’s? • Wasn’t D an intentional actor (i.e., didn’t breach intentionally)? Why does that weigh differently than in Whitlock?
Cooperative Insurance – Enforcing Clause 4(19) & Burden on the Court • Why is it so burdensome for the court to order D to “keep the premises open for retail trade?” • What is likely to happen if the parties can’t agree as to the meaning of the term or on how to interpret the court’s order? Why is that a problem?