balancing conflicting interests

• 1. injunction
  2. equitable remedy
  3. courts of equity
  4. discretionary remedy
  5. balancing conflicting interest
  6. jhering
  7. pound
  8. injunction types
• injunction

  • court's order which prohibits the action of something
  • penalties or imprisonment if not met
• equitable remedy

  fair remedy which both sides want
• equitable remedy

  it was originally given by the courts of equity but now any court can give it out

  • Judicature Act 1873
• injunction is a discretionary remedy 


  courts consider if its the right option or not
• Balancing conflicting interests

  its when 2 parties want 2 different remedies

  • exercising social control - care thy neighbor
  • Donoghue v Stevenson
• Jhering

  society > individual
• Pound

  public > private
• injunction

  it excludes interests of others
• partial injunction

  Kennaway v Thompson
• Miller v Jackson 


  one wanted injunction and the other party wanted damages