What is an injunction and when will a plaintiff seek an injunction as a remedy in a contractual dispute?

Home, - What is an injunction

Question - A court can award several alternative remedies to a plaintiff for a defendant's breach of contract. These remedies include specific performance and injunctions.

a) What is an action for specific performance and when will a plaintiff seek such an order from a court?

Answer - Regarding specific performance, the plaintiff will be required by law to take certain actions since compensating the defendant with money will not be enough to cover for the damages caused by the plaintiff's actions. A plaintiff can seek this order when the damages incurred cannot be measured or calculated. When the damages are also unclear one can also seek for such an order. The defendant incurs such a fine since the monetary purposes. For instance if a seller is selling to buyer A a piece of art then the seller later on decides not to sell. The buyer can take the an order from the court against the seller since they had made an agreement and the buyer will not get the same piece of art from another place as it is unique.

b) What is an injunction and when will a plaintiff seek an injunction as a remedy in a contractual dispute?

Answer - An injunction is an order prohibiting a person from commencing or continuing an action that threatens or infringes the plaintiff's legal rights. The order may limits the other party's movements more so if the movements are infringing the plaintiff's legal rights. An injunction order can also require a person to perform a certain action/act. An injunction is taken when incurring fines may not be enough and the defendant may be required to be restrained. With the defendant being restrained from certain actions it will bring satisfaction as the threat will be mitigated or plaintiff's rights are not being violated. For instance, a wife taking an injunction against a violent husband.

c) What types of injunction can a plaintiff seek?

Answer - The various types of injunctions include mandatory injunction, prohibitory injunction, interlocutory injunction. Mandatory injunction is when a judge orders someone to do something. Prohibitory injunction is a court order that forbids a party from performing a particular action. An interlocutory injunction is a court order given to maintain the status quo while the case is being resolved in its entirety.

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