Injunction
Contents |
[edit] Introduction
An injunction is an order granted by a court which restrains one party (such as a person, corporation or government entity) from doing, continuing or repeating a wrongful act.
The act which is prohibited may be wrong because it does not conform to general law or because it involves a breach of contract. Failing to comply with a court order can result in a defendant being in contempt of court or facing criminal or civil charges, monetary penalties and even imprisonment.
Injunctions are granted where a wrong cannot (or should not) be remedied by a monetary award; they are not granted where monetary damages would be appropriate compensation for the damage caused to the plaintiff. Also, injunctions are not granted where a court cannot compel the defendant to obey its orders.
Examples of instances where an injunction might be granted include a landlord applying for an injunction to stop a tenant using a property for something other than that stated in the original contract. Or an injunction to prevent one individual stalking another.
[edit] Types of injunction
[edit] Mandatory injunction
An individual is ordered to act positively so that they put right a previous situation which was disturbed by their wrongful actions. A person who has an agreement with a neighbour not to erect a certain type of structure on their land but does so may be forced to demolish it.
[edit] Prohibitory injunction
Restrains a defendant from committing a wrongful action.
[edit] Interim (or interlocutory) injunction
Granted when a court needs more time to decide whether or not to grant a prohibitory injunction (see above). An interim injunction may be requested by the plaintiff. The defendant is restrained from continuing the wrongful act only until the court finally decides on the matter. If a plaintiff requests an interim injunction, they may be asked to pay monetary security so that if the injunction is not granted, the defendant can get damages out of the fund.
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