# Title 32 — Judicial Remedies

## Chapter 32-05 — Preventive Relief

### § 32-05-01. When preventive relief given.

Preventive relief may be given in the cases specified in this chapter and in no other cases.
### § 32-05-02. Preventive relief not given to enforce penal law.

Preventive relief cannot be granted to enforce a penal law, except in a case of nuisance, nor
to enforce a penalty or forfeiture in any case.
### § 32-05-03. How preventive relief given.

Preventive relief consists in prohibiting a party from doing that which ought not to be done. It
is granted by injunction, temporary or final.
### § 32-05-04. When final injunction granted.

Except when otherwise provided by this chapter, a final injunction may be granted to
prevent the breach of an obligation existing in favor of the applicant:
1. When pecuniary compensation would not afford adequate relief;
2. When it would be extremely difficult to ascertain the amount of compensation which
would afford adequate relief;
3. When the restraint is necessary to prevent a multiplicity of judicial proceedings; or
4. When the obligation arises from a trust.
### § 32-05-05. When injunction not granted.

An injunction cannot be granted:
1. To stay a judicial proceeding pending at the commencement of the action in which the
injunction is demanded, unless such restraint is necessary to prevent a multiplicity of
such proceedings.
2. To stay proceedings in a court of the United States.
3. To stay proceedings in any other state upon a judgment of a court of that state.
4. To prevent the execution of a public statute by officers of the law for the public benefit.
5. To prevent the breach of a contract, the performance of which could not be specifically
enforced.
6. To prevent the exercise of a public or private office in a lawful manner by the person in
possession.
7. To prevent a legislative act by a municipal corporation.
