Injunctions Flashcards
(9 cards)
What are injunctions
An injunction is a court order directing a person to undertake specific action or to stop a specific action.
- Generally ordered to prevent harm or further harm to the plaintiff
What is the purpose of injunctions
The purpose of injunctions is to rectify a situation caused by the person who has found to be in the wrong.
What are restrictive injunctions
Restrictive injunctions is an order that prevents someone from doing something.
- An individual is stopped or refrained from doing something that is harming or will harm the plaintiff.
What is the purpose of restrictive injunctions
The purpose of restrictive injunctions is to prevent harm, or further harm from being caused to the plaintiff.
What are mandatory injunctions
Mandatory injunctions is a court corder that forces someone to do something in order to prevent harm or further harm to the plaintiff.
What is the purpose of mandatory injunctions
The purpose of mandatory injunctions is to require the defendant to take action to prevent further harm from being suffered by the plaintiff or to take action that will remedy the situation
When will a mandatory injunction be imposed
A mandatory injunction will be awarded if a court is satisfied that the defendant knows exactly what they have to do to fulfil the order of the court.
Factors to consider when assessing the ability of mandatory injunctions to achieve their purposes
- Whether the defendant will do what is ordered
- Whether harm has already been suffered
- Whether a mandatory injunction alone is sufficient
- Whether there are other orders that may be required
Factors to consider when assessing the ability of restrictive injunctions to achieve their purposes
- Whether the defendant will comply
- Whether harm has already been suffered
- Whether a restrictive injunction alone is sufficient
- Whether there are other orders that may be required
