What are the four types of injunctive relief?
- Temporary Restraining Order (TRO). A temporary order issued by the court to stop all activity so as to maintain the status quo.
- Preliminary Injunction (PI).
- Permanent Injunction.
What is the difference between damages and injunctive relief?
Compensatory damages – the amount of money the plaintiff lost where the defendant’s tort was the “legal” cause of the loss. Injunctive relief – a court order prohibiting the defendant from continuing or repeating the tortious behavior.
What is non monetary or injunctive relief?
Non-Monetary Relief means relief or redress in any form other than compensatory or monetary damages, including: the costs of complying with any injunctive, declaratory or equitable relief, remedy or order; the costs of compliance with the Americans with Disabilities Act or any similar provisions of federal, state or …
What evidence do I need for an injunction?
An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.
What is an example of injunctive relief?
Injunctive Relief Meaning For example, if residents of a neighbourhood take a factory to court over air pollution affecting their residences, the award of money damages will not adequately protect them from future harm if the factory continues to operate in the same way that pollutes their neighbourhood.
What evidence do I need to get an injunction?
What is the purpose of compensatory damages?
Damages: An Overview Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.
What are the grounds for an injunction?
In what circumstances can a party apply for an injunction? An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
How do you defend yourself against an injunction?
You can file motions with the court. You can threaten sanctions against the other party (if their claims or defenses are not based on evidence or made in bad faith). You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities.
How is an injunction served?
Injunctions are served either with or without notice. If you have been made aware that an injunction is being sought against you, this will mean that the injunction has been served with notice. This will give you time to prepare a suitable defence or put your side of the story when the court discusses an injunction.
What is another word for injunctive relief?
injunction. noun order, ruling, command, instruction, dictate, mandate, precept, exhortation, admonition He took out a court injunction against the newspaper.
What does injunctive relief mean in law?
Injunctive Relief. Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior.
What exactly is injunctive and declaratory Reli?
Generally speaking, injunctive relief is a court order saying that a party in a suit must do something specific, or must not do something specific. It is considered an equitable remedy and not monetary. Declaratory relief means that the court makes an official declaration with respect to the case.
What is injunctive vs. equitable relief?
Generally speaking, equitable relief is when a court issues any form of relief other than monetary damages. Injunctive relief is a form of equitable relief where a court orders a party to do something or to refrain from doing something…
What is an example of an injunctive relief clause?
An injunction relief is an extraordinary measure but also an equitable remedy intended to protect the plaintiff from irreparable harm. The most notable example of when an injunctive relief can be sought is when a person has reasons to believe that another party is infringing its intellectual property.