Saturday, July 9, 2011

Injunction

  • A court order instructing a defendant not to commit some act ( or , less often , to commit some act ) 
  • There are three types of injunctions: 
  • (i) Prohibitory - to prevent someone from doing something which he ordinarily has a right to do 
  • Mandatory - to compel someone to do something which he ordinarily has no obligation to do 
  • For a specific purpose (e.g. to enter into a defendant's premises to search and seize articles with relevance to the case such as 'private' copies of cassettes in a case of a breach of copyright ) 
  • Interlocutory injunction is granted at the discretion of the court to preserve the status quo pending the resolution of a legal action .
  • Example : if X contracts with Y to sing for 12 months at Y's theatre and not to sing elsewhere (within this period ) , Y cannot obtain specific performance of the contract to sing , but he may able to secure and injunction to restrain X from singing at any other place of public entertainment .

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