Injunctions in Tort Law: A Comprehensive Guide for Law Students

Question 1

Which of the following types of injunctions is most appropriate in cases involving intellectual property rights?

Accepted Answer

Prohibitory injunction

Answer

Mandatory injunction

Answer

Anton Piller order

Answer

Mareva injunction

Question 2

What is the significance of undertaking as to damages in the context of injunctions?

Accepted Answer

It ensures that the defendant will be compensated if the injunction is wrongly granted

Answer

It is a form of security that the defendant must provide to obtain an injunction

Answer

It is a promise by the plaintiff not to sue the defendant for damages

Answer

It is a precondition for obtaining an injunction

Question 3

In tort law, what is the fundamental distinction between a mandatory and a prohibitory injunction?

Accepted Answer

A mandatory injunction compels the defendant to take an action, while a prohibitory injunction prevents the defendant from doing something.

Answer

A prohibitory injunction is permanent, whereas a mandatory injunction is temporary.

Answer

Mandatory injunctions require proof of irreparable harm, but prohibitory injunctions do not.

Answer

There is no significant difference between mandatory and prohibitory injunctions.

Question 4

What is the primary purpose of an Anton Piller order?

Accepted Answer

To search and seize evidence from the defendant's premises.

Answer

To freeze the defendant's assets.

Answer

To prevent the defendant from disposing of property.

Answer

To compel the defendant to provide information.

Question 5

When applying for a Mareva injunction, which factor is of paramount importance?

Accepted Answer

The risk that the defendant may dissipate their assets.

Answer

The strength of the plaintiff's case.

Answer

The potential impact on the public interest.

Answer

The balance of convenience between the parties.

Question 6

Which of the following factors is NOT considered by the court when granting an injunction?

Accepted Answer

The applicant's financial resources.

Answer

The strength of the applicant's case.

Answer

The potential harm to the defendant.

Answer

The public interest.

Question 7

An injunction is particularly valuable when:

Accepted Answer

Irreparable harm has been suffered by the plaintiff

Answer

The defendant is insolvent

Answer

The defendant is a large corporation

Answer

Punitive damages are sought by the plaintiff

Question 8

What is the distinction between a prohibitory injunction and a mandatory injunction?

Accepted Answer

A prohibitory injunction prevents an action, while a mandatory injunction orders an action.

Answer

A prohibitory injunction is granted when the plaintiff has suffered irreparable harm, while a mandatory injunction is granted when the plaintiff is likely to suffer irreparable harm.

Answer

A prohibitory injunction is easier to obtain than a mandatory injunction.

Answer

There is no distinction between a prohibitory injunction and a mandatory injunction.

Question 9

What is the primary purpose of an interlocutory injunction?

Accepted Answer

To preserve the status quo pending a trial

Answer

To provide a final resolution to a dispute

Answer

To compensate a claimant for losses suffered

Answer

To punish a defendant for wrongdoing

Question 10

What is the court's role in determining whether to grant an injunction?

Accepted Answer

To balance the interests of the parties involved

Answer

To guarantee a just and equitable outcome

Answer

To punish the defendant for their wrongdoing

Answer

To determine who is ultimately right or wrong

Question 11

Which type of injunction is typically used to prevent a party from continuing a wrongful act?

Accepted Answer

Prohibitory injunction

Answer

Mandatory injunction

Answer

Declaratory injunction

Answer

Compensatory injunction

Question 12

What is the distinction between a prohibitory and a mandatory injunction?

Accepted Answer

A prohibitory injunction prevents an action, while a mandatory injunction orders an action.

Answer

A mandatory injunction prevents an action, while a prohibitory injunction orders an action.

Answer

Both prohibitory and mandatory injunctions prevent actions.

Answer

Both prohibitory and mandatory injunctions order actions.

Question 13

Which of the following is NOT a characteristic of injunctions?

Accepted Answer

It is always mandatory.

Answer

It is a court order restraining a person from doing or continuing an act.

Answer

It is an equitable remedy.

Answer

It is an interim measure.

Question 14

When can an interlocutory injunction be granted?

Accepted Answer

Before the trial of the action to prevent irreparable harm.

Answer

After the trial of the action to remedy a wrong.

Answer

Only in cases of clear and convincing evidence of wrongdoing.

Answer

Only in cases of a breach of contract.

Question 15

Which of the following is NOT a type of permanent injunction?

Accepted Answer

Mareva injunction.

Answer

Prohibitory injunction.

Answer

Mandatory injunction.

Answer

Declaratory injunction.

Question 16

What is the first step in the procedure for obtaining an injunction?

Accepted Answer

Filing an ex parte application supported by evidence.

Answer

Filing an inter partes application with notice to the other party.

Answer

Filing a notice of motion.

Answer

Filing a writ of summons.

Question 17

What is the key difference between a mandatory and a prohibitory injunction?

Accepted Answer

A mandatory injunction orders the defendant to do something, while a prohibitory injunction orders the defendant to stop doing something.

Answer

A prohibitory injunction orders the defendant to do something, while a mandatory injunction orders the defendant to stop doing something.

Answer

There is no difference between a mandatory and a prohibitory injunction.

Answer

A mandatory injunction is granted more frequently than a prohibitory injunction.

Question 18

What is the purpose of an undertaking in damages in an injunction proceeding?

Accepted Answer

To compensate the defendant if the injunction is later found to have been wrongly granted.

Answer

To punish the defendant for breaching the injunction.

Answer

To deter the defendant from breaching the injunction.

Answer

To provide security for the defendant's costs.

Question 19

What is the unique characteristic of a Mareva injunction?

Accepted Answer

It freezes the defendant's assets to prevent dissipation before judgment.

Answer

It prevents the defendant from leaving the country.

Answer

It orders the defendant to disclose his or her assets.

Answer

It orders the defendant to pay damages.

Question 20

How does a specific performance order differ from an injunction?

Accepted Answer

A specific performance order is a mandatory order, while an injunction can be either mandatory or prohibitory.

Answer

An injunction is a mandatory order, while a specific performance order is a prohibitory order.

Answer

A specific performance order is only granted in cases of breach of contract, while an injunction can be granted in a wider range of cases.

Answer

An injunction is a temporary measure, while a specific performance order is a permanent measure.

Question 21

Which of the following is NOT a type of injunction available in tort law?

Accepted Answer

Compensatory injunction

Answer

Mandatory injunction

Answer

Prohibitory injunction

Answer

Declaratory injunction

Question 22

What is the primary requirement for obtaining an injunction in tort law?

Accepted Answer

Establishing a clear legal right and irreparable harm

Answer

Proving a breach of contract

Answer

Showing negligence

Answer

Demonstrating financial hardship

Question 23

Which of the following characterizes a mandatory injunction?

Accepted Answer

Requires the defendant to perform a specific act

Answer

Prevents the defendant from doing something

Answer

Declares the existence or non-existence of a legal right

Answer

Provides compensation for damages suffered

Question 24

What is the purpose of an interlocutory injunction in tort law?

Accepted Answer

To prevent irreparable harm before trial

Answer

To permanently resolve a dispute

Answer

To enforce a court order

Answer

To compensate for losses incurred

Question 25

Which of the following is NOT a recognized type of injunction in English law?

Accepted Answer

Compensatory

Answer

Prohibitory

Answer

Mandatory

Answer

Quia timet

Question 26

To obtain a quia timet injunction, what essential element must be proven by the plaintiff?

Accepted Answer

An imminent threat of irreparable harm

Answer

Actual, ongoing harm

Answer

Breach of contract

Answer

Negligence

Question 27

In which of the following scenarios would a mandatory injunction be appropriate?

Accepted Answer

Compelling a defendant to demolish an unauthorized building

Answer

Preventing a defendant from publishing defamatory statements

Answer

Compensating a plaintiff for financial losses suffered

Answer

Restraining a defendant from breaching a contract

Question 28

What is the primary purpose of an interlocutory injunction?

Accepted Answer

To provide temporary relief while a legal dispute is ongoing

Answer

To permanently resolve a legal dispute

Answer

To punish a defendant for wrongdoing

Answer

To award damages to a plaintiff

Question 29

What is the standard procedure for obtaining an injunction in the English legal system?

Accepted Answer

Applying to the High Court with supporting evidence

Answer

Filing a claim in the Small Claims Court

Answer

Contacting the police

Answer

Writing a letter to the defendant

Question 30

In what type of cases are prohibitory injunctions typically employed?

Accepted Answer

Preventing ongoing or threatened unlawful acts

Answer

Enforcing performance of contractual obligations

Answer

Compensating for past harm

Answer

Punishing defendants for wrongdoing

Question 31

What is the fundamental distinction between common law injunctions and equitable injunctions?

Accepted Answer

Equitable injunctions aim to prevent irreparable harm, while common law injunctions compensate for harm that has already occurred

Answer

Common law injunctions are always granted, while equitable injunctions are discretionary

Answer

Common law injunctions are enforced by the police, while equitable injunctions are enforced by the courts

Answer

There is no meaningful difference between common law and equitable injunctions

Question 32

To obtain an interlocutory injunction, what must the applicant demonstrate, and how is the potential harm to the plaintiff balanced against the defendant's interests?

Accepted Answer

A strong prima facie case, irreparable harm to the plaintiff, and the balance of convenience favoring the plaintiff.

Answer

Irreparable harm to the plaintiff, no harm to the defendant, and the balance of convenience favoring the plaintiff.

Answer

A strong prima facie case, the balance of convenience favoring the plaintiff, and no harm to the defendant.

Answer

Irreparable harm to the plaintiff, a weak prima facie case, and harm to the defendant.

Question 33

Which of the following is NOT a type of injunction?

Accepted Answer

Compensatory injunction

Answer

Mandatory injunction

Answer

Prohibitory injunction

Answer

Declaratory injunction

Question 34

What is the essential element that must be established to obtain an injunction?

Accepted Answer

Irreparable harm

Answer

Adequacy of damages

Answer

Breach of contract

Answer

Negligence

Question 35

What is the purpose of a Mareva injunction?

Accepted Answer

To freeze the defendant's assets

Answer

To prevent the defendant from leaving the country

Answer

To compel the defendant to do something

Answer

To declare the defendant's rights

Question 36

Which of the following is NOT a way to discharge an injunction?

Accepted Answer

By the defendant's bankruptcy

Answer

By consent of the parties

Answer

By the court's own motion

Answer

By the defendant's performance of the obligation

Question 37

In which type of injunction is a wrong anticipated but has not yet occurred?

Accepted Answer

Quia timet injunction

Answer

Interlocutory injunction

Answer

Permanent injunction

Answer

Mareva injunction

Question 38

What is the main purpose of an interlocutory injunction?

Accepted Answer

To preserve the current situation (status quo) until the final outcome of the legal proceedings

Answer

To punish the defendant for their wrongful conduct

Answer

To provide a permanent solution to a legal dispute

Question 39

Which of the following factors is NOT taken into account by courts when considering whether to grant an injunction?

Accepted Answer

The defendant's financial hardship

Answer

The balance of convenience

Answer

The strength of the plaintiff's case

Answer

The likelihood of irreparable harm to the plaintiff

Question 40

What is the primary distinction between a quia timet injunction and a prohibitory injunction?

Accepted Answer

A quia timet injunction is used to prevent future harm, while a prohibitory injunction is used to prevent ongoing harm.

Answer

A quia timet injunction is only available after a wrong has been committed, while a prohibitory injunction can be obtained before a wrong occurs.

Answer

A quia timet injunction is a mandatory injunction, while a prohibitory injunction is a negative injunction.

Question 41

Which remedy is commonly used to address a breach of an injunction?

Accepted Answer

Contempt of court proceedings

Answer

Specific performance

Answer

Damages

Answer

Rescission

Question 42

What is the primary purpose of an undertaking in damages?

Accepted Answer

To provide financial protection to the defendant in the event that the injunction is later found to have been wrongfully granted.

Answer

To compensate the defendant for any losses incurred as a result of the injunction.

Answer

To punish the plaintiff for seeking an injunction without sufficient grounds.

Question 43

Which of the following is NOT a valid ground for dissolving an injunction?

Accepted Answer

The defendant's apology

Answer

The defendant's compliance with the injunction

Answer

The plaintiff's delay in prosecuting the legal action

Answer

A change in circumstances

Question 44

What is the fundamental difference between a mandatory and a prohibitory injunction?

Accepted Answer

A mandatory injunction compels the defendant to take a specific action, while a prohibitory injunction prevents the defendant from engaging in a specific action.

Answer

A mandatory injunction is only available in cases of contract breach, while a prohibitory injunction is available in all cases.

Question 45

What is the term used to describe an injunction that is granted without prior notice to the defendant?

Accepted Answer

Ex parte injunction

Answer

Mareva injunction

Answer

Interim injunction

Answer

Permanent injunction