The Purposes Of Injunctions

Question 1

What is the purpose of injunctions?

Answer 1

• To restore the plaintiff to the position they were in before the harm occurred.
• To rectify a situation caused by the person found to be in the wrong (mandatory or restrictive injunction)
• To stop a person from undertaking an action (restrictive injunction) that is or will cause wrongdoing or harm.

Question 2

What is the purpose of injunctions? Continued

Answer 2

• To order someone to undertake a particular act (mandatory injunction) to stop the breach or potential breach of a right.
• To preserve the position of the parties until the final determination of the matter (interlocutory injunction)

Question 3

Do injunctions achieve their purpose?

Answer 3

• An injunction can restore a plaintiff to their original position by ordering the defendant to fulfil an obligation, such as perform their part of a contract.
• Where the actions of the defendant have already cause damage, an injunction will not restore the plaintiff but it can stop further damage or harm (restrictive injunction).

Question 4

Do injunctions achieve their purpose? Continued

Answer 4

• An injunction can preserve the position of the parties until the final determination of the matter (interlocutory injunction)
• The effectiveness of an injunction may depend on the willingness of a defendant to comply with the injunction.