International business transactions

The party who undertakes by contract the risk of political uncertainty and governmental caprice must bear the consequences when the risk comes home to roost

Download 107.2 Kb.

Page	48/76
Date	12.05.2022
Size	107.2 Kb.
	#58792

1 ... 44 45 46 47 48 49 50 51 ... 76

OUTLINE International Business Transactions

The four prerequisites for the injunction are; (1) a substantial likelihood that the P will prevail on the merits
(3) threatened injury to the P must outweigh the threatened harm that the injunction may cause to the D; and

The party who undertakes by contract the risk of political uncertainty and governmental caprice must bear the consequences when the risk comes home to roost.

Harris Corp v. Iran Radio and Bank Melli Iran (11^th Cir. 1982)

Court articulates slightly different standards for an injunction in the 11^th
The four prerequisites for the injunction are;
- (1) a substantial likelihood that the P will prevail on the merits
- (2) a substantial threat that the P will suffer irreparable injury if the injunction is not granted;
- (3) threatened injury to the P must outweigh the threatened harm that the injunction may cause to the D; and
- Download 107.2 Kb.
  
  Share with your friends:

1 ... 44 45 46 47 48 49 50 51 ... 76