ABSTRACT

Unlike specific performance, injunctive relief usually takes the form of a court order compelling a party to refrain from doing a particular act. Injunctive relief is an inherent, equitable remedy, and is most commonly used to restrain breaches of equitable obligations or to assist in the enforcement of legal obligations. The form that an issued injunction takes will vary according to the circumstances; it can be interlocutory or final and can relate to legal rights as well as property interests. Injunctive relief will be subjected to the same kind of discretionary considerations as those examined in Chapter 19, including the fairness of the plaintiff, the effect upon the defendant, and the need for protection, clarification and certainty.