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Words: | Submitted: Wed Nov 12 2003
... plaintiff's case * Irreparable harm suffered if injunction is not granted * Balance of convenience; look at the burdens and the conveniences. One example of what I have found is American Cyanamid Co v Ethicon Ltd (1975) "Quia Timet" (because you fear). A Quia Timet injunction is an injunction granted against a defendant because of threatening behaviour on their part. This injunction is used to prevent people going near others who fear them. An example of this would be if a man was beating his wife then an injunction could be taken out to prevent him from going near to her. Many of Quia Timet injunctions are not granted because: * The case could be mostly speculative * There may be not proof, this is hard to obtain * No harm has occurred. Some of these reasons are seen in Day Vs. Brownrigg (1878) when someone was being stalked, but the person has not said ...
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