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3 Law of contract (1 questions)
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Model Answer:
Injunctions are equitable remedies that either prohibit a party from doing something (prohibitory) or require them to do something (mandatory). Their grant is subject to strict judicial discretion.
Criteria for granting an injunction (as set out in American Cyanamid Co v Ethicon Ltd [1975] AC 396):
| Criterion | Explanation |
| Serious question to be tried | The claim must be more than frivolous. |
| Adequate remedy at law | If damages can adequately compensate, injunction is usually denied. |
| Balance of convenience | Weighs the hardship to each party if the injunction is or is not granted. |
| Clean hands | Claimant must not be guilty of misconduct related to the dispute. |
Limitations:
- Injunctions are rarely granted for personal service contracts because forcing performance can be oppressive.
- Mandatory injunctions (ordering performance) are less common than prohibitory ones.
- The court may issue a "springboard injunction" to prevent a former employee from using confidential information, but this is limited to the period necessary to neutralise the advantage.
Overall, injunctions are an important but narrowly applied remedy, reserved for situations where monetary damages are insufficient and the equitable criteria are satisfied.