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Remedies in Tort

Injunctions

  • 3 things to know
  • Component 2

Overview

Recall questions on injunctions as a discretionary equitable remedy in tort, prohibitory, mandatory and interim injunctions, when a court may refuse one or award damages instead, their use in nuisance cases, and abatement as a self-help remedy.

What you need to know

Answer each one before you reveal it.

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Key term

State the four conditions under which damages may be awarded instead of an injunction.

Key term

What does restitutio in integrum mean, and why is it qualified by 'as far as money can achieve'?

Key term

When might an injunction be granted in tort, and how do mandatory and prohibitory injunctions differ?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is an injunction and what are its two main forms?

    Model answer

    An injunction is an equitable remedy that orders the defendant to do something (mandatory) or refrain from doing something (prohibitory).

  2. 2

    What type of remedy is an injunction in tort law?

    Model answer

    An equitable remedy.

  3. 3

    In what circumstances might an injunction be granted in tort?

    Model answer

    To prevent continuing or threatened tortious conduct.

  4. 4

    What is a prohibitory injunction?

    Model answer

    An order requiring the defendant to stop or refrain from committing the tortious act.

  5. 5

    How does a mandatory injunction differ from a prohibitory injunction?

    Model answer

    A mandatory injunction requires positive action to remedy effects, whereas a prohibitory injunction requires the defendant to stop or refrain from acting.

  6. 6

    What is a mandatory injunction?

    Model answer

    An order requiring the defendant to take positive action to remedy the effects of the tort.

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AThe injury to the claimant's rights is small.
BThe injury is capable of being estimated in money.
CThe injury can be adequately compensated by a small payment.

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