Law of Torts-I (Final Term)

Week 2: Remedies in Torts

Session 1

INJUNCTION:

Those cases in which damages i.e compensation in money is not an appropriate remedy, courts
provide the remedy through an injunction. It is an order of a court restraining a defendant from
a wrongful act or allowing a plaintiff to continue his/her act to complete any task or project. For
example, if your right of way is going to be threatened by erecting a wall in your way, the court
restrain the person from erecting the wall. This is called injunction. Injunction is discretionary.
You cannot claim injunction as a matter of right. It is up to the court to decide if injunction is a
better remedy than damages. Before an injunction is granted, a plaintiff is required to prove
that there are greater chances or probabilities that his/her right is going to be violated. And the
violation will be such for which there will be no appropriate compensation in money.

FORMS OF INJUNCTION:

There are four important forms of injunction.

1. Temporary Injunction: When the court provides an interim or temporary remedy

restraining a defendant from doing a wrongful act for a limited period of time, say one
month or so or even more or less than that period such injunction is called temporary
injunction. Temporary injunctions are ordered not decreed. In other words, the court
issue an order during the proceeding not a decree at the end of the entire case. The
court may issue verbal orders called interlocutory orders in this regard. That is why,
temporary injunctions are also known as interlocutory injunctions. These are also called
‘stay order’.
2. Permanent Injunction: These are awarded after the entire case is decided and the court
issue a decree. It is always in written form. If the court issues a permanent injunction
against a defendant, he/she is restrained forever from doing the wrongful act.
Therefore, permanent injunctions are also called ‘perpetual injunction’.
3. Prohibitory Injunction: These types of injunctions restrain the commission of a wrongful
act. So, these are negative in nature. These have the preventive effects. That is to
prevent further harm to the plaintiff. For example, if you are not the author of a book
and you intend or are in the middle of copying someone else’s work, the court can
prohibit you from doing the same.
4. Mandatory Injunction: These allow a plaintiff to carry on with the lawful act. These are
positive in nature. These have the effects to guarantee the exercise of a lawful act. For
example, if you are the author of a book you will be allowed by the court to circulate its
copies.