Unjust enrichment is an equitable remedy available to a party who otherwise has no adequate remedy at law
. Where there is an enforceable contract, then plaintiffs have an adequate remedy at law
in the event they can prove a breach of contract.
To be entitled to a permanent injunction, Page wrote, a party must show that it has no adequate remedy at law
and irreparable harm will result if the court denies the request.
There is an adequate remedy at law
for any economic harm that Dr.
Rather, whether a patentee should receive an injunction should depend on a case-by-case analysis of four traditional factors: (1) whether the plaintiff would suffer irreparable injury if the infringement continued; (2) whether the plaintiff had an adequate remedy at law
; (3) the balance of the hardships imposed by granting or denying the injunction; and (4) the public interest.
All four states require that there be no other adequate remedy at law
, also referred to as "irreparable harm," in order to obtain equitable relief in the form of specific performance.
"Plaintiff has suffered, and will continue to suffer, irreparable injury for which there is no adequate remedy at law
, unless Defendants are enjoined by the Court."
Rather surprisingly, when courts have held that a plaintiff has an adequate remedy at law
, the content of the defamatory speech appears irrelevant to their conclusion; they engage in little analysis of how the plaintiff could be made whole through existing legal remedies.
One could not turn to equity if there was an adequate remedy at law
. Equity grew interstitially, to fill in the gaps of substantive common law (such as the absence of law relating to trusts) and to provide a broader array of remedies--specific performance, injunctions, and accountings.
The plaintiff had no adequate remedy at law
. (26) It would have been almost impossible to determine the amount of damages plaintiff would have to recover in order to be compensated for the loss caused by the defendant's repudiation, considering the "nature of the contract [a long-term requirements contract], the lack of a general market for gas, (27) and the uncertainties inherent in the natural gas business." (28) The court noted that
Based on the latter considerations, the trial court denied the plaintiffs' motion for a temporary injunction and dismissed their complaint, concluding that they had an adequate remedy at law
and, therefore, equitable relief was not available.
The rule that equity will not act if there is an adequate remedy at law
has been used and abused for so many disparate purposes over the years that introducing a limited version of it here will inevitably be a source of confusion and mischief.
The government wanted a permanent injunction against Hicks because his conduct "causes irreparable harm to the United States and to the public for which there is no adequate remedy at law
," the lawsuit said.