Which of the Following Statements Exemplifies the Approach to Applying

question 8

Multiple Choice

Which of the following statements exemplifies the approach to applying the balance of convenience test? Think carefully before answering.

• A)The court looks at definite list of factors (e.g. hardship, risk, ability to pay undertaking) and considers whether there are an exceptional factors, and then makes a decision.
• B)The court looks at all the circumstances of the case to consider whether it would be more convenient on balance to award or deny the injunction.
• C)The test gives the court an unfettered discretion to decide who has the most to lose, and this determines whether the injunction is granted or not.
• D)The court will maintain the status quo unless there are strong factors on the side of the claimant to award the injunction.

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Definitions:

Technologically Progressive

Characterized by advances in technology which contribute to improved efficiency and productivity.

R&D Spending

Financial investments allocated towards research and development activities with the aim of advancing innovation, creating new products, or improving existing ones.

Imitation

The act of mimicking or replicating someone else's actions, strategies, products, or behaviors.

Innovative Product

A new or significantly improved good or service that offers unique benefits or solves problems in a novel way.