I live in a neighborhood that's a big one-way circle. I'm the second house in,...
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I live in a neighborhood that's a big one-way circle. I'm the second house in, which is great on the way home, but when I'm driving to work, I have to drive all the way around which adds like 5 minutes to my commute, and sometimes that 5 minutes is the difference between being late and being on time.
Then I figured out that I could just drive across my neighbor's front yard and cut 5 minutes off my drive time without going the wrong way down a one-way street.
A few late Monday mornings later, my neighbor is starting to get angry. He tells me to knock it off, but Monday rolls around again, and I'm late again, and well \_()_/
So he hires a lawyer and sues me. Since I'm a lawyer, I can defend myself and not be out any attorney fees, so I answer the lawsuit and demand my Constitutional right to a trial by jury. For budgetary reasons, here in Tuscaloosa, the Circuit Court has jury trials only one week every other month. Since people file lawsuits every day, that means it will be a long time until this case makes it in front of a jury, and if I drag out discovery a bit, I can probably make it 5 years before we have a verdict. Meanwhile, every Monday for those next five years, I'm late again, and well \_()_/
So once he does get me in front of a jury, and the jury awards him damages, what remedy will he get in a court of law? How will the jury decide the amount? Will it solve my neighbor's problem?
When the plaintiff wants enforcement of the promises in the contract or a court order preventing irreparable harm, equitable remedies (Links to an external site.) such as specific performance (Links to an external site.) and injunctions (Links to an external site.) allow the court to order the parties to a lawsuit to do (or not do) something in the interest of equity (Links to an external site.) (meaning fairness) when money won't fix the problem.
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