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Balance of hardships

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Definition Edit

One of the factors in a court's decision whether to grant a preliminary injunction is to assess the balance of hardships. The balance of hardships is determined by weighing the harm that will be suffered by the plaintiff if an injunction is not granted, against the harm that will be imposed upon the defendant by the granting of an injunction. If the balance of hardships tips decidedly toward the plaintiff, it will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation and thus for more deliberate investigation.

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