Chapter 8.3 Flashcards
injunctions
Restrictive injunction
an order that someone stop or refrain from doing something that is harming or will harm the plaintiff also called a prohibitive injunction
Injuction
An injection is a court order directing someone to stop doing a certain acts or compelling someone to do a certain act. the purpose of an injunction is to rectify a situation caused by the person who was found to be in the wrong, It can either be a restrictive injunction or a mandatory injunction
mandatory injunction
an order requiring someone to do something or take active steps to prevent harm or further harm to the plaintiff
Ability of injunctions to achieve their purpose - restrictive injunction
a restrictive injunction aims to prevent harm, or further harm, from being caused to the plaintiff by ordering someone to refrain from taking steps or any further steps
factors to consider when assessing the ability of injunction to achieve their purpose - restrictive injunction
- whether the defendent will comply
- whether harm has already been suffered
- whether a restrictive injuction alone is sufficient
- whether there are other bodies that may be required
ability of injunction to achieve their purposes - mandatory injunction
a mandatory injunction requires a person to take certain steps or do a particular act which will prevent further harm from being suffered by the plaintiff, or to remedy the situation caused by the defendants not taking certain access
Factors to consider when assessing the ability of injunction to achieve their purpose
mandatory injunction
- whether the defendant will do what is ordered
- whether harm has already been suffered
- whether a mandatory injunction alone is sufficient
- whether there are other orders that may be required