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“How could you have the Court say “Do it” (specific performance) at the same time as saying “Stop it” (injunction)?”
Hi Mike, for example:
telling an oil company to 1. clean up a oil spill (specific performance) and 2. banning it from sending any more oil tankers to that same area
or telling a divorcee to 1. stay away from their ex-partner and children and 2. pay child maintenance to them.
?
Both your examples would either be dealt with as one case – specific performance “clean up and stay away” or “stay away and pay” or possibly as two separate actions
The action brought by a national government would be a single action “clean up the oil spill” and “stay away” and the Court would say “Yes, you are obliged to obey my agreement to this action / request”
Similarly, a single action “stay away and pay” would be the single request of the injured partner asking the judge to enforce a clause from within the separation agreement as in “Do you remember that separation agreement? Do you remember the clause that said that you would stay away and pay maintenance? Well, do it!”
I think!
Both your examples would either be dealt with as one case – specific performance “clean up and stay away” or “stay away and pay” or possibly as two separate actions
The action brought by a national government would be a single action “clean up the oil spill” and “stay away” and the Court would say “Yes, you are obliged to obey my agreement to this action / request”
Similarly, a single action “stay away and pay” would be the single request of the injured partner asking the judge to enforce a clause from within the separation agreement as in “Do you remember that separation agreement? Do you remember the clause that said that you would stay away and pay maintenance? Well, do it!”
I think!
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