Definition and types of injunctions

  

Date Posted: 11/27/2011 12:35:17 PM

Posted By: Raychelle  Membership Level: Silver  Total Points: 184

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An injunction is an order of the court directing a person to do or refrain from doing a particular act.Injunctions are used where damages would not be adequate remedy to the injury.

There are two major types of injunctions:
1.Prohibitory injunctions.

These are injunctions restraining the commission,continuance or repetition of a wrongful act.They are the most original form of injunction.

2.Mandatory injunctions.

They are divided into two broad categories.
a)Restorative injunctions which require the defendant to undo a wrongful act.

b)Mandatory injunctions which require or compel the defendant to carry out some positive obligation to remedy some wrongful omission.

Under prohibitory injunctions we have:
i)Interlocutory injunctions.
These are granted before trial of an action so that the parties can maintain a status quo until the issue at hand has been resolved.

ii)Ex parte injunction
Used in times of extreme urgency as the plaintiff needs a speedy decision as he cannot wait to the next motion day.

iii)Interim injunction
Restrains the defendant until some specified date.An interim injunction is usually but not always ex parte.

iv)Perpetual injunction
Granted only after the plaintiff has established his right and its infringement by the defendant.It is thus granted after a full hearing.

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