StudentShare solutions
Triangle menu

Law/ civil litigation, injunctions - Essay Example

Nobody downloaded yet

Extract of sample
Law/ civil litigation, injunctions

(Rossini 1998, p. 50; Longley & James 1999, p. 112). In granting remedies, the following are taken into account: mutuality, supervision, impossibility, hardship, conduct of the plaintiff, vagueness, and mistake (Suff 1997, p. 125)
One of the most important and most commonly employed remedies in civil litigation is injunction, which Eden and Waterman (2008, p. v) described to be reputably practical, diversely extensive, and essentially harmonising, that it merits an in-depth discussion.
Just like the other two types of remedy – certiorari and prohibition, but unlike a declaration, an injunction is essentially a coercive remedy. It is a court order that requires a party to discontinue certain activity, much more although rarely, even compels a party to perform a specific act, essentially, ‘to protect plaintiff from irreparable injury’ (Rossini 1998, p. 50; Longley & James 1999, p. 113). However, Grant (2005, p. 220) explained, that since injunctions are equitable reliefs, courts are understandably more disinclined and are more careful to their issuances unless proven they are really necessary or of extreme urgency, and that determination of which requires ‘proper exercise, judicial learning, good sense, decision, integrity and discretion’ (Eden and Waterman 2008, p. v).
By giving specific court decisions, Sufrin and Jones (2008, p. 1352) illustrated when and why the English courts have granted and have refused interim relief in cases of competition: For example, in Garden Cottage Foods v. Milk Marketing Board the court withheld granting interim injunction “to prevent an alleged abuse of a dominant position on the grounds that damages would be an adequate remedy.” On the other hand, relief has been granted in Cutsforth v. Mansfield Inns, on the ground that the issue was serious to merit trial and that denying injunction would likely leave the claimant out of business and that, damages would not be ...Show more

Summary

In civil litigation – ‘a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions’ (Kane 2010), remedies such as, certiorari, prohibition, declaration, and injunction (Longley & James 1999, p. 112) are used…
Author : nella28
Law/ civil litigation, injunctions essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Law/ civil litigation, injunctions"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Civil Litigation Course work
He also lost two teeth. As a result he claims damages for personal injury against Mr. Scott. When the accident occurred, Mr. Scott was holding a telephone conversation while driving. Scott was still on phone when Mr. Marshall came out of Caldwell road which was a side road of the main road that Mr.
12 pages (3000 words) Essay
Civil Litigation
The law is clear on the required procedure to be followed in handling personal injury claims. The solicitors of both parties can agree on the nature and amount of compensation to be made and the case is settled out of court. The essence of this alternative dispute resolution mechanism is time and cost saving.
12 pages (3000 words) Essay
The Merits of Equitable Fairness in the Context of Injunctions
The merits of equitable fairness in the context of injunctions are obvious by an examination of the main types of injunctions established by the courts.1 Injunctive relief as an equitable remedy is used in a variety of cases including family disputes, contract, tort and property cases.
8 pages (2000 words) Essay
Criminal and Civil Litigation
Civil litigation usually involves a dispute between two or more parties seeking money damages or other specific performance instead of criminal sanctions. Civil Litigation covers a broad range of disputes including Environmental law, Product Liability, Intellectual property, Employment and Labor, Anti-trust, worker’s compensation and Education Law (Anderson, 1994).
6 pages (1500 words) Essay
INTERNATIONAL LITIGATION law 2010
Section 3 article 1 mentions that the Regulation applies to all the member states except Denmark. From the observation of the article 1 in Brussels Regulation and the facts of the case, it becomes clear that the case is filed under the
6 pages (1500 words) Essay
Commercial Litigation Assessment
After the lapse of 8 months, Gasser also initiated legal proceedings against MISAT in the Austrian courts, thereby seeking payments against overdue bills. It also
10 pages (2500 words) Essay
Criminal and civil litigation
Civil Litigation covers a broad range of disputes including Environmental law, Product Liability, Intellectual property, Employment and Labor, Anti-trust, worker’s compensation and Education Law (Anderson, 1994). The scenario of Foster and Powell
6 pages (1500 words) Essay
Week 9 Civil Litigation Individual Work
The respondent of the request could not deny responding the request just because of the insufficient information, instead that they should make an effort to get the missing information (Kerley, Banker Hames & Sukys, 2012). The tile of request comprises of name of both
1 pages (250 words) Essay
Criminal and civil litigation; Mental Health Law
The mental state of a defendant helps establish whether the crime was an intentional one or occurred out of accident. This considers what attorneys search for in most
20 pages (5000 words) Coursework
Critically evaluate the use of Anti suit injunctions in International Arbitration
Arbitration is also more amenable because arbitrators can tailor the procedure to suit their client’s needs. Although there are no precedents in international arbitration,
20 pages (5000 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation