Mandatory Injunction: Definition, Example and Related Terms
What is a Mandatory Injunction ?
It could be used when a party to a contract has not fulfilled their obligations, and the court orders them to do so. Unlike a prohibitive injunction that stops someone from doing a particular act, a mandatory injunction requires them to do something.
It's like a teacher telling a student to complete their homework rather than just telling them not to disrupt the class.
In commercial contract disputes, a mandatory injunction might be used to compel a company to deliver goods it had agreed to supply, or to enforce the terms of a service contract that has been breached. This type of injunction is usually granted when monetary damages would not be sufficient to rectify the situation. But it's also not easy to get. The court has to be convinced that it is just and convenient to grant the injunction, and the applicant has to show that there is a serious issue to be tried.
Example(s)
Scenario Description Company A and Company B entered into a contract where Company A agreed to deliver 100 computers to Company B. But Company A fails to deliver the computers. In this case, a mandatory injunction could be sought by Company B to compel Company A to fulfill its contractual obligations and deliver the computers. This legal move could be crucial for Company B, especially if the computers are necessary for its operations and cannot be easily obtained from another source. A software development company has been contracted to create a custom software for a client. The company completes the software but fails to install it on the client's systems. Here, the client could seek a mandatory injunction to compel the software development company to install the software. This might be necessary if the client relies on the software for their business and cannot use it until it is installed.