CIVIL PROCEDURE – Undertaking as to damages not an absolute condition for interlocutory injunction – Undertaking as to Damages as Price for Interlocutory Injunction

An undertaking as to damages is required for every interlocutory injunction. It is the price of obtaining the injunction. The rule applies even if the plaintiff acted in good faith. The undertaking protects the defendant if the injunction is later discharged. The principle is settled…