Definition

Noun: A court order that compels a party to perform a specific, affirmative act, rather than merely prohibiting an action. It is a legal remedy used to enforce a positive duty.

Usage

A mandatory injunction is issued by a court to require a specific action to be taken, often to correct a wrong or to enforce a contractual obligation. It is used when monetary damages are insufficient to address the harm.

Examples

• The court issued a mandatory injunction ordering the company to clean up the environmental contamination.
• To prevent irreparable harm, the judge granted a mandatory injunction compelling the landlord to restore essential services to the building.
• The plaintiff sought a mandatory injunction to force the defendant to return the uniquely valuable property.

Advanced Usage

• Preliminary vs. Permanent: A may be granted before a full trial to maintain the status quo, while a is issued as a final judgment.
• Balancing Test: Courts are often more cautious in granting mandatory injunctions than prohibitory ones, requiring a clear showing of necessity and that the plaintiff is likely to succeed on the merits of the case.

Variants and Related Words

• Injunction (n): A general court order commanding or preventing an action.
• Prohibitory Injunction (n): A court order that forbids a party from performing a specific act.
• Mandamus (n): A writ issued by a superior court to compel a lower court or a government officer to perform mandatory duties.

Synonyms

• Compulsory order
• Affirmative injunction
• Mandatory order

Related Phrases

• To grant a mandatory injunction: The act of a court issuing such an order.
• To seek a mandatory injunction: The act of a party applying to the court for this remedy.
• To comply with a mandatory injunction: The act of obeying the court's order to perform the specific act.

Noun

1. injunction requiring the performance of some specific act