HI Bar Remedies 2

Question 1

A preliminary injunction requires the moving party to show all of the following EXCEPT:

Accepted Answer

That money damages would be an adequate remedy

Answer

Likelihood of success on the merits

Answer

Irreparable harm absent the injunction

Answer

Balance of equities favoring the movant

Question 2

The equitable doctrine of 'clean hands' bars relief when:

Accepted Answer

The plaintiff engaged in inequitable conduct related to the subject matter of the suit

Answer

The defendant has a prior criminal conviction

Answer

The plaintiff failed to mitigate damages

Answer

The defendant acted in good faith throughout the transaction

Question 3

Specific performance is most commonly granted for contracts involving:

Accepted Answer

Unique goods or real property

Answer

Personal service agreements

Answer

Sale of fungible goods available on the open market

Answer

Employment contracts

Question 4

A mandatory injunction differs from a prohibitory injunction in that it:

Accepted Answer

Commands a party to perform an affirmative act rather than refrain from acting

Answer

Has a longer duration

Answer

Requires a higher standard of proof

Answer

Can only be issued after a full trial on the merits

Question 5

Rescission as a contractual remedy is available when:

Accepted Answer

The contract was induced by fraud, mutual mistake, or failure of consideration

Answer

A contract was breached but fully performed

Answer

The plaintiff simply prefers money damages to performance

Answer

The contract was formed under duress only if it was in writing

Question 6

The equitable doctrine of laches bars relief when:

Accepted Answer

The plaintiff unreasonably delayed bringing suit and the defendant was prejudiced by the delay

Answer

The plaintiff filed suit more than three years after the cause of action accrued

Answer

The defendant acquired the property as a bona fide purchaser for value

Answer

The plaintiff failed to demand a jury trial within the prescribed time

Question 7

A permanent injunction requires the plaintiff to demonstrate:

Accepted Answer

Success on the merits and that legal remedies are inadequate

Answer

Only a showing of irreparable harm going forward

Answer

That a preliminary injunction was previously issued

Answer

Proof of punitive intent on the defendant's part