two women and one baby

Tort now, pay later.  Or not.  So the discussion went in tonight's Remedies class.  So when is injunctive relief available?

Is it the danger of irreparable harm so that a legal remedy would be inadequate?  When it comes to real estate, is it that the nearly absolute right to use, or not to use, one's property trumps the neighbor's wishes?

Money doesn't make up for some losses, such as risk of physical harm due to domestic violence, or inability to exercise civil rights, or the loss of something unique, such as Great-grandma's crockery.

Under replevin, specific performance is granted even if there is no irreparable harm- specific property is granted back to plaintiff based on the rule of law.  If damages are too speculative or it is too difficult to prove economic harm, the court may also consider injunctive relief.

Courts must also balance the hardships between the plaintiff's harm if the injunction is not granted, and the cost/harm to the defendant if it is.  Solomon must split the baby in the end.