Essay Testing for California Bar Exam (Remedies) Q4 February 2000

Pat sued Chemco requesting an injunction either to enjoin all operations of Chemco or to require that Chemco cease or remedy the discharge or to require Chemco to furnish Pat with clean water from alternative sources. Pat also claimed that he should be awarded substantial damages to compensate him from his past and prospective losses. Chemco opposed the prayer for an injunction on the ground that its operations in the area preceded Pat's activities, and asserted that either an injunction requiring any of the remedies sought by Pat or an award of damages of the magnitude sought by Pat would put Chemco out of business.
1. What arguments might be made for and against an injunction incorporating each of the forms of injunctive relief sought by Pat, and what would be the likely result on each? Discuss.
2. How should the court rule on Pat's claims for past and prospective damages? Discuss.
Do not discuss state or federal environmental laws.

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#Caselaw #Tort

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