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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."
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.
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.
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.
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.
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Quia timet (Latin for 'because he fears'), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of Fletcher v. Bealey [28 Ch.D. 688 at p. 698] stated the necessary conditions for the equity courts to grant an injunction in such cases: proof of imminent danger; proof that the threatened injury will be ...
Just like kids, animals often times do things we don't expect them to do or do the exact opposite of what they're told. Wesley is a horse with a big personality.