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Injunction; Injunction is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, e.g., breaching a contract. [9] In the U.S., injunction is the most common type of equitable remedies, and failure to comply with an injunction can lead to results ranging from fines to imprisonment.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
This type of remedy is known as preventive relief. This is granted by issuing an order known as injunction. Injunction is an order issued upon the party concerned directing him/them to omit the performance of a particular duty or act. This is also known as a mandatory injunction. Such relief is granted under the provisions of Part III of the ...
The relief of Specific Performance is an equitable relief which is usually remedial or protective in nature. In civil law (the law of continental Europe and much of the non English speaking world), specific performance is considered to be the basic right. Money damages are a kind of "substitute specific performance."
An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
This equitable remedy is a presence when the courts ask the defendant or the suffering party to do something, such as breaching a contract or "injunctive relief. [9] The equitable remedy can be a presence that if the defendant does not want any monetary damages for the case that they suffer; instead, they want equity that afford the relief. [6]
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made.
The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. [ 2 ] If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to ...