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It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a similar effect to specific performance and these kinds of distinctions are often difficult to apply in practice or even illusory. At common law, a claimant's rights were limited to an award of damages.
The Rooker–Feldman doctrine is related to the Anti-Injunction Act, a federal statute which prohibits federal courts from issuing injunctions which stay lawsuits that are pending in state courts. Title 28, United States Code, Section 2283 reads:
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to do or refrain from specific acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case.
Nationwide injunctions have come into prominent use and controversy during the Obama and Trump administrations, when they have been used by federal judges to enjoin the enforcement of significant policies, including the implementation of the Deferred Actions for Parents of Americans policy [5] and the rescission of the Deferred Action for ...
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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained.
Today's NYT Connections puzzle for Tuesday, December 10, 2024The New York Times