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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".
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action.Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. [1]
In the subsequent lawsuit, the uncle wins, because the nephew, by U.S. criminal law, already had a duty to refrain from smoking cigarettes while under 18 and from drinking alcohol while under age 21. The same applies if the consideration is a performance for which the parties had previously contracted.
Certain widely accepted negative obligations (such as the obligations to refrain from theft, murder, etc.) are often considered prima facie, meaning that the legitimacy of the obligation is accepted "on its face"; but even if not questioned, such obligations may still be ranked for ethical analysis. Most modern societies insist that other, very ...
The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible. Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The use of force by states is controlled by both customary international law and by treaty law. [1] The UN Charter reads in article 2(4): . All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.