Page 74 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

2.6.2 INJUNCTION

✓ An injunction : prohibits a party from a particular act. An

injunction can be temporary, preliminary, or permanent.

✓ It is awarded in circumstances where damages would not be

an adequate remedy to compensate the claimant because the

claimant needs to restrain the defendant from starting or

continuing a breach of a negative contractual undertaking

(prohibitory injunction) or needs to compel performance of a

positive contractual obligation (mandatory injunction).

✓ 3 types of injunctions:

i. Interlocutory injunction is used to maintain the status quo

of the subject matter in a pending suit.

ii. Mandatory injunction is a court order requiring something

to be done.

iii. A prohibitory injunction stops something from being done.

2.6.3 QUANTUM MERUIT

✓ Latin phrase meaning "what one has earned". means

something along the lines of "reasonable value of services".

✓ A reasonable sum of money to be paid for services rendered or

work done when the amount due is not stipulated in a legally

enforceable contract.

✓ If a person sues for payment for services in such circumstances

the judge or jury will calculate the amount due based on time

and usual rate of pay or the customary charge, based on

quantum meruit by implying a contract existed.

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