Injunctions

• Injuctions are court orders instructing someone not to breach a term.
• Prohibtory injunctions will prevent someone interfering with the rights of another.
• Mandatory injunctions are an order to do something.
• An injunction will not be awarded for a party to complete a personal service as the court is unable to supervise such an order (Page One Records).
• Equitable remedy awarded when:

  • damages would be unjust or inadequate
  • contracts involving personal service and employment
  • impossibility where claimant cannot perform their part of the contract
  • laches (delay) - lapse of time from discovery of breach to action
  • conduct of claimant (must have clean hands)