Temporary Injunction Form For Suit For Specific Performance In Illinois
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FAQ
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
Its relief is limited, however, as a TRO only lasts for ten days or until the court can hear a motion for a preliminary injunction, which requires notice to the other side and a hearing. While a preliminary injunction may restrict the same behavior as a TRO, it remains in force until revoked by the court.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
Examples: Permanent injunctions are often issued in cases involving ongoing nuisances, such as a factory emitting harmful pollutants, or in cases of trademark infringement, where a company is permanently prohibited from using a trademark that belongs to another business.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong prima-facie case on basis of undisputed facts. The conduct of the plaintiff will also be a very relevant consideration for purposes of injunction.
Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. An injunction is a remedy that prohibits a party from a particular act. An injunction can be temporary, preliminary or permanent. These two remedies are similar.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
