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Simple English definitions for legal terms
Mandatory Injunction
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A quick definition of Mandatory Injunction:
A mandatory injunction is a court order that tells someone to do something instead of just stopping them from doing something. It is used when someone has caused harm or done something wrong and needs to fix it. The court will only issue a mandatory injunction if the harm is intentional, immediate, and repetitive. The court will also consider if the injunction is necessary and fair. Sometimes, a court will issue a temporary mandatory injunction if the harm is very serious.
A more thorough explanation:
A mandatory injunction is a court order that requires a person to do something specific, rather than just stopping them from doing something. This type of injunction is used when someone has caused harm or injury to another person and needs to take action to fix it.
For example, if someone builds a fence that encroaches on their neighbor's property, the court may issue a mandatory injunction requiring the person to remove the fence and restore the property to its original state.
Courts are careful when deciding whether to issue a mandatory injunction because it requires the defendant to take action, which can be burdensome. They will only issue a mandatory injunction if the defendant's actions are intentional, repetitive, and causing immediate harm to the plaintiff.
In some cases, a court may issue a preliminary mandatory injunction before a final hearing if the defendant's actions are clearly willful and fraudulent. For example, if someone is trying to sell a property that they do not own, the court may issue a preliminary mandatory injunction to prevent the sale until the ownership issue is resolved.
Overall, a mandatory injunction is a powerful tool that courts use to ensure that people take responsibility for their actions and make things right when they cause harm to others.