What Is An Example Of Injunctive Relief?

What is injunctive relief?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.

It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted..

What is an example of an injunction?

Injunctions are also used by a court when monetary restitution isn’t sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

How does an injunction work?

An injunction is an order by a court commanding or prohibiting a specific action. If a defendant fails to abide by an injunction issued against them, they can be held in contempt of court and punished with imprisonment or fines. … The rules regarding the issuance of injunctions vary somewhat by jurisdiction.

What is an injunction case?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. … Choosing whether to grant temporary injunctive relief is up to the discretion of the court. Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice.

What are the different kinds of injunction?

Following types of Injunctions are granted by the Court.Temporary and Permanent Injunctions ( Sections 36 & 37)Perpetual Injunctions ( Section 38)Mandatory Injunctions ( section 39)Damages in lieu of or in addition to Injection( Section 40)Injunction to perform a negative covenant( section 42)

What does injunctive mean?

1. a judicial process or order requiring the person or persons to whom it is directed to do or refrain from doing a particular act.

What is the difference between damages and injunctive relief?

Compensatory damages – the amount of money the plaintiff lost where the defendant’s tort was the “legal” cause of the loss. … Injunctive relief – a court order prohibiting the defendant from continuing or repeating the tortious behavior.

What can an injunction be used for?

Its purpose is to prevent dis-solution of the plaintiff’s rights. The main reason for use of a preliminary injunction is the need for immediate relief. … They seek to prevent threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of the parties can be ultimately settled.

What’s a mandamus?

A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete. A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.

What is the meaning of subservience?

adjective. serving or acting in a subordinate capacity; subordinate. servile; excessively submissive; obsequious: subservient persons; subservient conduct. useful in promoting a purpose or end.

What is the difference between a restraining order and an injunction?

Limited in their duration and effect, “restraining orders” are distinguished from the more lasting form of court intervention called an “Injunction.” Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.

How much is a injunction order?

The Judge will hear the application and decide whether or not it is suitable to issue an injunction. At the first hearing the Judge will (more than likely) issue an interim order, followed by a further hearing to issue the injunction. The average cost of obtaining an injunction is approximately £500.

What are the 3 equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.

What happens if you break an injunction order?

5.48 If a person who is the subject of an injunction breaches the injunction, they may be held in contempt of Court, which is punishable by fines and/or imprisonment. … Legal advice should be sought before any decision is made to bring contempt proceedings.

What is a decree of specific performance?

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. … Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate.

Can anyone file an injunction?

The process for filing an injunction differs dramatically. Some courts allow for online filing and will accept any document someone offers. Others require filing in person, and the clerks will carefully look over the pleading to ensure it complies with the rules.