The Merits of Equitable Fairness in the Context of Injunctions Essay

The Merits of Equitable Fairness in the Context of Injunctions - Essay Example At times injunctive relief can be obtained in cases in connection with damages or as a substitute for damages.2 The merits of the fairness of injunctive relief are contained in Section 37(1) of the Supreme Court Act 1981 which provides that: The High Court may be order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so.3 Section 37(1) of the Supreme Court Act 1981 therefore contemplates that injunctive relief will only be granted when the court considers it fair to do so. Fairness is derived from the use of the terms â€Å"just† and â€Å"convenient†. In order to understand how the terms just and convenient amount to fairness in the proceedings it is necessary to examine how courts exercise the jurisdiction for granting injunctive relief as provided for under Section 37(1) of the Supreme Court Act 1981. ... As Charleton observed, a prohibitory injunction seeks to regulate one party by forcing that party to go back to behaviour that is consistent with the terms of a contract. Presumably, the party has either failed to act in certain way or has stopped acting in that way. By ordering a prohibitory injunction, the parties are expected to continue as if nothing had come between them when one party is forced to act in a way that he or she no longer wishes to act.7 It can be argued that the prohibitory injunction achieves equitable fairness because it remedies situations in which, a party to an agreement discontinues a contractual obligation to the detriment of the other party who has invested significant resources in reliance on the continued commitment on the part of the offending party not to do something in particular. However, according to Lord Cairns LC in Dolman v Allman, a prohibitory injunction will be granted â€Å"as a matter of course† and the court is not concerned about: ...a question of the balance of convenience or inconvenience, or the amount of damge or of injury.8 Prohibitory injunctions are therefore not concerned about what is fair and just between the parties, but rather, what is fair and just in terms of the contractual obligations of the parties. Mandatory Injunctions A mandatory injunction is an injunction compelling one part to â€Å"undo the effects of breaching a negative undertaking†.9 Unlike a prohibitory injunction, courts are less inclined to grant a mandatory injunction.10 Courts will typically refuse to grant a mandatory injunction and will only grant a mandatory injunction if the court is satisfied that the party against whom the injunction is sought has

Carl Ernsts, Mona Siddiquis and Quran book review Essay - 1

Carl Ernsts, Mona Siddiquis and Quran book review - Essay Example ority of the Muslims, for example, the Taliban of Afghanistan and Pakistan believe that it is mandatory to fight in the name of God and kill the disbelievers. In doing so, they believe they would enter the heaven once they perish from the world. This essay will investigate the ways some of the non-Muslims and Muslims misunderstand the Quran and act upon the Holy verses. The aim of the essay is to understand the meaning of the word ‘Jihad’ and to see how Islam has been defamed in the name of the ‘Holy War.’ There are two main reasons that Islam is considered a religion that promotes terrorism. Firstly, when non-Muslims read the verses of Quran they completely ignore the fact that Quran was not only a book of guidance for people living in the past or to the people it was revealed but it is a book belonging to the people who lived in the past, are living in the present and also for the future generation to come. Secondly, some people follow the Quran word by word in a very literal sense. The Quran uses metaphors, and though it is the word of God, not every word is to be taken literally. The word Jihad is babbling not only for the non-Muslims but also for some Muslims who use and follow it in the wrong sense. The Holy Quran says â€Å"Not equal are those believers who stay behind in their homes while the believers exert in the cause of God with their wealth and life. God has kept a higher rank for those who exert in the name of God† (Quran 4:95). The believers of the book hugely misunderstand this verse. There is a misconception between some groups of people what exertion refers to. Though it is believed that it refers to Jihad, the meaning of Jihad tends to vary greatly among believers. Some of the better-known scholars of Islam like Abdullah Yousuf and Muhammad Asaddefine Jihad as a struggle or fight made to achieve justice. Jihad is a struggle made against oppression even if it means to risk one’s life. While there is some extremist groups that define