KS Bar Practice Questions - Kansas Bar Examination Exam

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A property owner builds a fence that encroaches a few inches onto the neighbor's land. The neighbor seeks a mandatory injunction to compel removal. A court sitting in equity may consider which equitable defense or doctrine in deciding whether to grant the injunction?

The statute of frauds The balancing of relative hardships (and doctrines like laches and unclean hands) The parol evidence rule The rule against perpetuities

Correct Answer:

The balancing of relative hardships (and doctrines like laches and unclean hands)

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