Also known as: relative hardship doctrine · balancing the equities · relative hardship
Written by attorneys · grounded in primary & secondary sources — see below
A factor considered by courts in determining whether to grant injunctive relief against a tort. The factor weighs the hardship an injunction would impose on the defendant against the hardship its denial would impose on the plaintiff.
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Summit Minerals operates a mine whose runoff harms a stream supporting a rare amphibian. Green Earth Alliance sues for a preliminary injunction requiring emergency controls. Summit shows that installing the controls would be technically difficult and would cost millions. The court weighs that burden against the environmental harm Green Earth would suffer without relief before deciding whether to issue the injunction.
Dusk Indemnity converts part of its campus into an outdoor fitness center that produces loud music and whistle blasts. Nearby homeowners suffer aggravated health conditions and lose the chance to sell their homes during peak season. Birch Indemnity seeks a preliminary injunction. The court compares the hardship an injunction would place on Dusk with the immediate harm the homeowners would continue to suffer if relief is denied.
Universal City Studios sues Sony for contributory copyright infringement arising from the sale of Betamax recorders. Universal seeks an injunction halting further manufacture and sale. Sony demonstrates that an injunction would shut down a major product line and affect thousands of legitimate users. The court evaluates that hardship against the harm Universal would suffer without the injunction before determining the appropriate remedy.
O'Keeffe sues Snyder to recover paintings she alleges were stolen decades earlier. Snyder has possessed the works openly and invested in their care. O'Keeffe requests an injunction ordering immediate return of the paintings. The court weighs the hardship Snyder would face from sudden dispossession against the hardship O'Keeffe would continue to suffer if possession is not restored.
The Browns hold an easement across the Vosses' land for access to parcel B. They begin using the easement to reach an additional parcel C where they are building a residence. The Vosses seek an injunction limiting use to parcel B. The court compares the hardship an injunction would impose on the Browns' construction plans with the hardship the Vosses would suffer from continued overuse of their servient land.
eBay sues Bidder's Edge for trespass after the latter's automated bots access eBay's servers to collect auction data. eBay moves for a preliminary injunction barring further access. Bidder's Edge shows that an injunction would eliminate its primary business model and force layoffs. The court balances that hardship against the burden continued scraping would place on eBay's systems before ruling on the motion.
The doctrine requires a court to compare the hardship an injunction would impose on the defendant with the hardship its denial would impose on the plaintiff. This comparison is one of several equitable factors considered when deciding whether injunctive relief is appropriate. The court does not automatically grant an injunction merely because a tort has been shown.
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…that an award of damages, or continuing royalties, or even some form of limited injunction, may well be an appropriate means of balancing the equities in this case.[^maj-51] Although I express no view on the merits of any particular proposal, I am certain that, if Sony were found liable in this case, the District Court would be able to…
…bears the burden of proof with respect to those defenses, and, ultimately, to weigh the respective interests of the parties by balancing the equities in order to determine who should bear the loss of the paintings. For these reasons, I dissent. For reversal and remandment — Chief Justice WILENTZ and Justices PASHMAN, CLIFFORD,…
…parcel C. Under these circumstances, the hardship of which the Browns complain is entitled to significantly less weight when
…& Aerospace Workers , 584 F.2d 308, 315 (9th Cir.1978). “The critical element in determining the test to be applied is the relative hardship
…defendant $11,500. The trial court had found that the breach harmed plaintiff to the extent of $1,000 in damages. Invoking the "doctrine of relative hardship
No. Relative hardship is only one factor. Courts also consider delay by the plaintiff, related misconduct, the interests of third parties and the public, and the practicability of framing and enforcing an order. The doctrine forms part of a broader equitable balancing process rather than a single decisive test.
Supporting sources
The factor receives greater weight on a motion for a permanent injunction than on a motion for interlocutory relief. At the interlocutory stage the provisional nature of the order and the emergency character of the request allow the court to measure hardship with a different yardstick than at final hearing.
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No. Even substantial economic hardship to the defendant does not automatically defeat injunctive relief. The court must weigh that hardship against the severity and irreparability of the harm the plaintiff would suffer without the injunction. A severe and irreparable injury to the plaintiff can outweigh a large but quantifiable burden on the defendant.
Supporting sources