MBE Rules · Remedies
Permanent Injunctions
Permanent injunction (Cal.)
The rule
A permanent injunction requires success on the merits, inadequate legal remedy, irreparable harm, a balance of hardships favoring relief, and feasibility of enforcement; it issues as a final judgment, not on probabilities.
In plain English
A permanent injunction is a court order that requires a party to do or refrain from doing specific acts indefinitely. To obtain one, the plaintiff must prove that they have a strong case, that money damages are insufficient, that they will suffer harm that cannot be undone, that the benefits of granting the injunction outweigh any hardships it may cause the defendant, and that the injunction can be enforced effectively.
Worked example
A homeowner discovers that a neighbor is building a structure that will block their view of the ocean. The homeowner sues for a permanent injunction, arguing that the loss of their view is irreparable and that monetary damages would not suffice. The court finds in favor of the homeowner, granting the permanent injunction to stop the construction.
Memory hook
Permanent injunctions: no harm, no case; prove it all to keep it all.
The trap
Exams may present scenarios where students confuse the requirements for a permanent injunction with those for a temporary one, leading to incorrect conclusions. Additionally, students might overlook the necessity of proving irreparable harm.
How examiners test it
Questions often present fact patterns involving ongoing or imminent harm, requiring students to analyze whether the criteria for a permanent injunction are met. Look for clues about the adequacy of legal remedies and the nature of the harm involved.
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