An injunction orders a defendant to cease, take away, restrain, or restrict a nuisance or abandon plans for a threatened nuisance. In public nuisance instances, a fine or sentence may be imposed, in addition to abatement or injunctive reduction. Some nuisances may be both public and private in certain circumstances where the general public nuisance substantially interferes with using an individual’s adjoining land. For instance, Pollution of a river might constitute each a public and a personal nuisance. This is known as a combined nuisance. The time period public nuisance covers all kinds of minor crimes that threaten the well being, morals, security, comfort, comfort, or welfare of a community.
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Coercive remedies are orders by the court docket to force the defendant to do, or to chorus from doing, one thing to the plaintiff. An Injunction backed by the Contempt energy is one kind of coercive remedy. When issuing this type of treatment, the court docket commands the defendant to behave, or to chorus from appearing, in a sure way. In the occasion that the defendant willfully disobeys, she or he may be jailed, fined, or in any other case punished for contempt.
219; 3 Yeates’ R. Jurist, … Read More