Injunctive Relief Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Injunctive Relief, written in plain English, along with examples of how it is used.
What is Injunctive Relief?
It is refered to an act or prohibition of an act by the order of the court which is Injunction, granted in special cases to ensure that no injustice be done till the time the final judgement is passed and it brings relief to either party of the lawsuit too.
History and Meaning of Injunctive Relief
Injunctive Relief is a legal term that refers to a court order that requires a party to do something (mandatory injunction) or refrain from doing something (prohibitory injunction). The purpose of injunctive relief is to preserve the status quo and prevent further harm until a final judgment is reached. This type of relief is granted when monetary damages are not sufficient to make the plaintiff whole.
The concept of injunctive relief can be traced back to ancient Roman law where a praetor, a designated judge, could provide interdict, an injunction that prohibited certain actions. English common law also recognized the power of the court to provide injunctive relief. In the United States, the power to grant injunctive relief is rooted in equity jurisdiction that allows the court to apply fair remedies where the law is not adequate.
Examples of Injunctive Relief
Here are a few examples of how injunctive relief may be used in different contexts:
- A group of environmental activists may seek an injunction to stop a company from dumping toxic waste into rivers until the final trial is completed.
- An artist may seek an injunction to stop a gallery from selling counterfeit reproductions of her work to protect her rights to her own creations.
- An employer may seek an injunction to prevent their former employee from competing with them by using trade secrets they illegally obtained while working.
Legal Terms Similar to Injunctive Relief
- Restraining Order: An order from the court that directs someone to stop doing something that may harm another person.
- Specific Performance: A legal remedy in which the court orders a party to perform a specific action, typically in contractual disputes.
- Preliminary Injunction: A temporary measure that prohibits a party from taking a particular action before a full trial on the merits of the case takes place.