What is an injunction?
An order of the opposing party
An order of the court
Granted before a trial or at a trial
Granted after a trial only
Restraining a person from carrying out an act
Ordering a person to perform an act
Allowing a person to carry out an act if they wish to do so
Injunctions were created to aid common law to see that damages cannot always fix a wrong
What is a mandatory injunction?
The court ordering an action to be carried out.
The court prohibiting an act from being carried out.
The court allowing the parties to decide themselves on what action should be taken.
What is a prohibitory order?
The court stopping an act from being carried out.
The court not reaching a verdict on what act should be taken.
A perpetual injunction lasts for how long?
2 years
A decade
Forever
6 months
Interim and ex partes mean?
A break in an injunction case
A case where the injunction is heard without jury.
An injunction being granted pre-trial with one party absent.
An injunction being granted as a compromise for the complainants.
An Interlocutory order is granted after a trial and overrules all other injunctions put in place
What rules decide if damages will suffice instead of an injunction?
If the person seeking an injunction does so with no effect to themselves.
If a persons injury to legal rights is small and can be estimated in money and compensated
If the injunction will oppress the other parties legal rights
Which case decided the Balance of Convenience test?
Kennedy V Arnold
Campus Oil Ltd. V Minister for Industry and Energy
Balance of convenience test is not used in cases such as defamation, trade disputes strikes, where trial of action is unikely.
