Mandatory Injunction Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Mandatory Injunction, written in plain English, along with examples of how it is used.
What is Mandatory Injunction?
(n) Mandatory injunction is the writ or order issued by a court when it is of the opinion that a harmful event may occur if such an order is not issued. Eg. Mandatory injunction of appointing an administrator when the business under dispute was mismanaged by the defended
History and Meaning of Mandatory Injunction
A mandatory injunction is an order given by a court that requires a person or entity to take a specific action to prevent harm from occurring. It is also referred to as an "affirmative injunction." A mandatory injunction is a powerful legal tool because it compels the defendant to take action, usually within a specified timeframe.
Mandatory injunctions originated in English common law and have since been adopted by common law jurisdictions around the world, including the United States. They are typically used in cases where a decision not to take action could lead to significant harm or damage, such as in cases of environmental pollution, intellectual property infringement or where a business is being mismanaged.
Examples of Mandatory Injunction
A factory is polluting a nearby river. The local community files a lawsuit, seeking a mandatory injunction requiring the factory to install pollution controls or shut down the plant.
A musician discovers that another artist has copied one of their songs without permission. They file a lawsuit, seeking a mandatory injunction requiring the other artist to stop performing or distributing the copied song.
A group of shareholders in a company sue the board of directors for mismanaging the business. They ask the court for a mandatory injunction requiring the appointment of an independent administrator to oversee the company's affairs.
Legal Terms Similar to Mandatory Injunction
- Prohibitory injunction – An order given by a court to prevent someone from doing something that would cause harm or damage.
- Preliminary injunction – A temporary injunction that is granted to prevent harm or damage until a case has been heard.
- Restraining order – A legal order that prohibits specific activity, such as threatening behaviour, harassment or contact with a certain person.