What circumstance will warrant the granting of a perpetual injunction? 

Full question:

What circumstance will warrant the granting of a perpetual injunction? 

  • Category: Courts
  • Date:
  • State: Michigan

Answer:

There are many situations in which a permanent injunction can be issued by a Court so the question is too broad to answer in any more specific way.

In general see:

Permanent injunction is a type of injunction which is granted by a court at the end of a lawsuit. A permanent injunction order requires a party to do or refrain from a particular act.

Usually, certain factors are considered by courts when granting permanent injunction, they are:

1. If the legal remedy is inadequate;

2. If property right is at issue;

3. If enforcing the decree would be feasible;

4. If the hardships balance in plaintiff's favor; and

5. If all defenses have been overcome.

See http://definitions.uslegal.com/p/permanent-injunction/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The key factors for granting a permanent injunction include: 1) the inadequacy of legal remedies, meaning monetary compensation isn't sufficient; 2) the presence of a property right that needs protection; 3) the feasibility of enforcing the injunction; 4) a balance of hardships that favors the plaintiff; and 5) the resolution of all defenses raised by the opposing party. These factors help courts determine whether an injunction is necessary to prevent ongoing harm.