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Law of Torts Week 2 Session 1
Law of Torts Week 2 Session 1
Law of Torts Week 2 Session 1
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: