Term defenses against injunction not liability

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Term:Defenses against injunction (notliability)Definition:(1)Unclean Handsa.P is guilty of some kind of offsettingmisconductb.If you are asking for injunction,come to court with blamelesscharacter(2) Lachesa.prejudicial delay - failure of P toask more quicklyb.argument is analogous to statute oflimitations but independent of SOLc.because of delay in bringinginjunction request, P has changedposition and relied detrimentally onP's acquiescence (3) First Amendmenta.There can be no prior restraintb.Newspaper will run story and thenyou can sue for defamationTerm:Preliminary injunctionsDefinition:if you ask for 1 show 2 thingsa.Show likelihood of success on themeritsb.Show irreparable harmTerm:Affirmative defensesDefinition:1.Classic contributory negligence(abolished in most states)2.Classic assumption of the risk(abolished in most states)4.Real defense - Doctrine ofcomparitive negligence
Term:Primary Assumption of Risk (NYdistinction affirmative defense)Definition:NY terminology - traditional defenseof assumption of risk has beenabolished, however NY courts still useconfusing label - primary assumptionof the riska.Primary assumption of the riskapplies only to participants orspectators in sporting or other formalrecreational activitiesi.participants do not owe each otherlower duty in sporting event (lowerthan reasonable care)b.you can only collect if other partyhas been recklessTerm:Comparative NegligenceDefinition:a.D must show P failed to exerciseproper care for his own safety(normally reasonable prudence) b.P should observe self-protectingstatutesc.if D proves, jury will be instructedto assign degree of fault to each; P'srecovery will be reduced based on P'spercentage of faulti.no rules over assignment of fault -up to the juryd.P jaywalks and D drunk driver hitshim - jury assigns 80% of blame todrunk driver and 20% to P; P willrecover 80,000 of 100,000 in damages
Term:NY/multistate pure comparativenegligenceDefinition:we go strictly by numbers and plaintiffalways recovers something even if Pbears lion's share of blame1.someone who is 90% to blame willstill recover 10% of damagesTerm:modified or partial comparative faultDefinition:1.in this system, plaintiff fault under50% reduces recovery as we discussed2.plaintiff fault over 50% barsrecovery - $0 in damages

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