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Pastimes : Where the GIT's are going

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To: ManyMoose who wrote (134449)2/5/2007 5:55:07 PM
From: mph  Read Replies (2) of 225578
 
Not really.

It just depends on the circumstances.
Injunctions are not always available as a remedy.

The memory device used back when I took the bar
was I Put Five Bucks Down. (This was how to analyze whether
injunctive relief was appropriate)

I nadequate legal remedy (i.e. damages not adequate)
P roperty right at stake
F easibility of enforcement
B alancing the hardships (between the competing parties)
D efense

Test for when specific performance is appropriate relief in a contracts case (e.g. when you can get the court to order transfer of real estate to you)


"I'm doing fine mom and dad"

I neffective damages
D efinite and certain terms (valid k)
F easibility of enforcement
M utuality of remedy/preformance
D efenses
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