Injunctions in Tort Law: A Comprehensive Guide for LLM Students

Question 1

What is the primary purpose of a mandatory injunction?

Accepted Answer

To order a defendant to do something.

Answer

To prohibit a defendant from doing something.

Answer

To prevent a defendant from entering a specific area.

Answer

To freeze a defendant's assets.

Question 2

What is the key difference between an interlocutory injunction and a perpetual injunction?

Accepted Answer

An interlocutory injunction is granted before trial, while a perpetual injunction is granted after trial.

Answer

A perpetual injunction is granted for a specific period of time, while an interlocutory injunction is granted until further order.

Answer

An interlocutory injunction is granted to prevent irreparable harm, while a perpetual injunction is granted to compensate for past harm.

Answer

There is no difference between an interlocutory injunction and a perpetual injunction.

Question 3

Which of the following is NOT a factor that may be considered by a court when deciding whether to grant an injunction?

Accepted Answer

The applicant's income.

Answer

The relative hardship to the parties.

Answer

The public interest.

Answer

The availability of alternative remedies.

Question 4

What is the primary function of an interlocutory injunction?

Accepted Answer

Preventing irreparable harm before trial

Answer

Providing a final legal remedy to the plaintiff

Answer

Punishing the defendant for their actions

Answer

Maintaining the current legal status

Question 5

What are the conditions for obtaining a quia timet injunction?

Accepted Answer

Apprehension of substantial future harm

Answer

Imminent threat of irreparable harm

Answer

Exhaustion of all alternative remedies

Question 6

Which type of injunction is most prevalent in tort cases?

Accepted Answer

Prohibitory injunction

Answer

Mandatory injunction

Answer

Mareva injunction

Question 7

What is the principle of proportionality in the context of injunctions?

Accepted Answer

Considering the totality of these factors

Answer

Tailoring injunctions to the specific harm they aim to prevent

Answer

Ensuring injunctions are not excessively burdensome on the defendant

Answer

Limiting the duration of injunctions to the minimum necessary

Question 8

What is the significance of the quia timet test in tort law?

Accepted Answer

Permitting injunctions to prevent future, anticipated harm

Answer

Raising the burden of proof for applicants compared to the balance of convenience test

Answer

Restricting injunctions to cases involving physical injuries

Question 9

What is the purpose of a quia timet injunction?

Accepted Answer

To prevent a threatened tort.

Answer

To compensate for a tort that has already occurred.

Answer

To compel the defendant to perform a specific act.

Answer

To restrain the defendant from committing a specific act.

Question 10

Which of the following defenses is NOT available against an application for an injunction in tort?

Accepted Answer

Contributory negligence.

Answer

Laches.

Answer

Acquiescence.

Answer

Statutory limitation period.

Question 11

What is the purpose of an Mareva injunction?

Accepted Answer

To freeze the defendant's assets to prevent dissipation.

Answer

To compel the defendant to disclose their assets.

Answer

To restrain the defendant from transferring specific assets.

Answer

To prevent the defendant from leaving the jurisdiction.

Question 12

What is the purpose of an Anton Piller order?

Accepted Answer

To allow the plaintiff to enter the defendant's premises to search for and seize evidence.

Answer

To freeze the defendant's assets.

Answer

To compel the defendant to disclose their assets.

Answer

To prevent the defendant from leaving the jurisdiction.

Question 13

Define a Mareva injunction, outlining its specific requirements and procedures for obtaining one. Discuss its practical applications and the safeguards in place to prevent its misuse.

Accepted Answer

A Mareva injunction is an interlocutory injunction that freezes a defendant's assets to prevent their dissipation and is typically granted ex parte (without notice to the defendant) to preserve the assets in dispute.

Answer

A Mareva injunction is a permanent injunction that can only be discharged by the court and can only be obtained if the claimant can demonstrate that the defendant has already dissipated assets.

Answer

A Mareva injunction is only applicable in cases where the defendant is a company and is not subject to any safeguards to prevent its misuse.

Answer

All of the above are correct regarding a Mareva injunction.

Question 14

Which of the following is NOT a prerequisite for the grant of an interlocutory injunction?

Accepted Answer

The applicant must have an adequate remedy at law.

Answer

The balance of convenience must favor the applicant.

Answer

There must be a serious issue to be tried.

Question 15

Which type of injunction specifically prohibits the defendant from carrying out a particular action?

Accepted Answer

Prohibitory injunction

Answer

Mandatory injunction

Answer

Anton Piller order

Answer

Mareva injunction

Question 16

What is the key principle behind the 'balance of convenience' test in injunction cases?

Accepted Answer

Weighing the potential harm to the parties involved if an injunction is granted or denied.

Answer

It is only applicable in cases involving interlocutory injunctions.

Question 17

Which of the following is NOT a basis for granting a permanent injunction?

Accepted Answer

Breach of a contractual obligation by the defendant.

Answer

Likelihood of continued harm to the applicant caused by the defendant.

Answer

Irreparable harm caused by the defendant to the applicant.

Question 18

What is the purpose of an 'Anton Piller' order?

Accepted Answer

Granting permission to a claimant to enter the defendant's premises for the purpose of searching for and seizing evidence.

Answer

Compelling the defendant to undertake a specific action.

Answer

Freezing the defendant's assets.

Question 19

Which of the following is a form of mandatory injunction?

Accepted Answer

Injunction compelling the delivery of goods.

Answer

Mareva injunction

Answer

Prohibitory injunction

Question 20

Which of the following factors is NOT taken into consideration by the court when deciding whether to grant an injunction?

Accepted Answer

The applicant's conduct.

Answer

The nature of the harm alleged.

Answer

The public interest.

Answer

The balance of convenience.

Question 21

In English law, what type of injunction is used to prevent a party from performing a specific action?

Accepted Answer

Prohibitory injunction

Answer

Mandatory injunction

Answer

Mareva injunction

Answer

Freezing injunction

Question 22

Which of the following is NOT a key requirement for obtaining an injunction in tort law?

Accepted Answer

Irreparable harm

Answer

Clean hands doctrine

Answer

Likelihood of success at trial

Answer

Balance of convenience

Question 23

What is the primary purpose of a quia timet injunction?

Accepted Answer

To prevent potential harm that is threatened but not yet actualized

Answer

To preserve assets pending a trial

Answer

To compensate for harm already suffered

Answer

To enforce a contractual agreement

Question 24

When determining the balance of convenience for an injunction, which factor is of primary importance?

Accepted Answer

The potential harm to each party involved

Answer

The financial means of each party

Answer

The likelihood of success at trial

Answer

The nature of the legal right being infringed

Question 25

Which of these is a common defense raised against an injunction in tort law?

Accepted Answer

Laches (undue delay in asserting a claim)

Answer

Illegality

Answer

Estoppel

Answer

Statute of limitations

Question 26

In English law, a Mareva injunction is typically used to:

Accepted Answer

Freeze the assets of a defendant

Answer

Prevent a defendant from leaving the jurisdiction

Answer

Preserve evidence for trial

Answer

Enforce a judgment against a defendant

Question 27

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

Accepted Answer

A prohibitory injunction stops an action, while a mandatory injunction compels a specific action.

Answer

A prohibitory injunction has a fixed duration, while a mandatory injunction is indefinite.

Answer

A prohibitory injunction is granted without notice, while a mandatory injunction requires notice.

Question 28

What is the main distinction between interlocutory and perpetual injunctions?

Accepted Answer

Interlocutory injunctions are temporary, while perpetual injunctions are permanent.

Answer

Interlocutory injunctions are enforceable against third parties, while perpetual injunctions are not.

Answer

Interlocutory injunctions are granted before trial, while perpetual injunctions are granted after trial.

Question 29

Which of these remedies is most similar in purpose to an injunction?

Accepted Answer

Specific performance

Answer

Restitution

Answer

Injunction

Answer

Damages