NEBULOUS INJUNCTIONS

Authors

Abstract

The entry of an injunction is, in some respects, analogous to the publication of a penal statute; it is notice that certain things must be done or not done, under a penalty to be fixed by the court. Such a decree should be as definite, clear and precise in its terms as possible, so that there may be no reason or excuse for misunderstanding or disobeying it; and when practicable it should plainly indicate to the defendant all of the acts which he is restrained from doing, without calling upon him for inferences or conclusions about which persons may well differ. Collins v. Wayne Iron Works, 227 Pa. 326. In a prior note in this Review, we called attention to certain flagrant violations of this principle which are constantly indulged in. Nebulous Injunctions, 19 MICH. L. Rev. 83. Several decisions of the past year indicate the very great difficulty of applying the principle, and the utter impossibility of wholly eliminating "inference", "conclusion", and "misunderstanding."

Recommended Citation

NEBULOUS INJUNCTIONS, 23 Mich. L. Rev. 53 (1924).
Available at: https://repository.law.umich.edu/mlr/vol23/iss1/5