Suit for Injunction
Introduction
When a contract is breached, courts may grant different remedies to protect the rights of the injured party. One such remedy is injunction.
An injunction is mainly used when a party does something that they had promised not to do in the contract. The court stops that act in order to protect the agreement.
Meaning / Definition
An injunction is an order of the court that restrains (stops) a person from doing a particular act.
In contract law, injunction is used to enforce the negative terms of a contract. Negative terms are promises not to do something.
Thus, if a person breaks such a promise and starts doing the prohibited act, the court may issue an injunction to prevent that act from continuing.
Because it stops a wrongful act before it causes further harm, injunction is considered a preventive remedy (a remedy that prevents damage before it happens).
Types of Injunction in Contract Law
Injunction to Enforce Negative Promises
Sometimes a contract contains a clause where a person promises not to do a particular act.
If the person violates this promise, the court may issue an injunction to stop that act.
Example: An employee agrees not to work for competing companies during the contract period. If the employee starts working for a competitor, the court may restrain (stop) this act through an injunction.
Injunction Along With Specific Performance
In some cases, injunction works together with specific performance.
The court may restrain a person from doing something that would prevent the proper performance of the contract.
Important Case Law
Lumley v Wagner
Johanna Wagner, an opera singer, entered into a contract with Lumley to perform at his theatre for three months.
The contract contained a clause that she would not sing at any other theatre during that period. Later, another theatre manager offered her higher payment to perform at his theatre.
Lumley approached the court and requested an injunction to prevent her from singing at the other theatre.
The court granted the injunction and restrained her from performing elsewhere, thereby enforcing the negative promise in the contract.
Distinction Between Injunction and Specific Performance
| Basis | Injunction | Specific Performance |
|---|---|---|
| Nature | Court orders a person to stop doing an act | Court orders a person to perform the contract |
| Purpose | Prevent breach of negative promises | Enforce positive promises |
| Type of relief | Preventive relief (stops harm before it occurs) | Compelling relief (forces performance) |
Practical Example
A famous singer signs a contract with a music company agreeing not to perform for any other company for one year.
If the singer attempts to perform for another company during that period, the court may grant an injunction preventing the singer from performing elsewhere.
Summary
- An injunction is a court order stopping a person from doing a particular act.
- It is mainly used to enforce negative promises (promises not to do something) in a contract.
- It is a preventive remedy, meaning it prevents further harm from happening.
- Courts grant injunctions when a party acts against the terms of the contract.
- The case Lumley v Wagner is a classic example where the court restrained a singer from performing elsewhere.