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A prohibitory injunction prevents an individual or group from beginning or continuing an action which threatens or breaches the legal rights of another. [1] Most common types of cause of action include: To protect confidential information obtained in a commercial relationship. To restrain a breach of contract or enforce a restrictive covenant.
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."
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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."
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Injunction, a prohibitory writ restraing a person from doing a thing which appears to be against equity and good conscience. 3 Bac Abr 172. [ 14 ] Writ of inquiry , a judicial writ to the sheriff upon a judgment by default, commanding him to summon a jury to inquire what damages plaintiff has sustained.
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
[10] (ii) No bars to equitable relief prevent specific performance. A bar to relief arises for example, when the court's continuous supervision of the defendant is not feasible. [11] An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party. However ...