Quia timet

Quia timet (Latin pronunciation: [kwia timɛt], Latin for "because he fears") is an injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. Fletcher v. Bealey (1884) [28 Ch.D. 688 at p. 698] stated the necessary conditions for equity courts to properly grant an injunction in such cases:

  1. proof of imminent danger;
  2. proof that the threatened injury will be practically irreparable; and
  3. proof that whenever the injurious circumstances ensue, it will be impossible to protect plaintiff’s interests, if relief is denied.

Brevia anticipantia

Quia timet remedies were writs at common law. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be impleaded. 3. A monstraverunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda before any default of inclosure. 6. A ne injuste vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."[1]

References

  1. ↑ Coke on Littleton 100


This article is issued from Wikipedia - version of the Sunday, August 30, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.