Quia timet

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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[edit]

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 imploded. 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 injustice vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."[1]

References[edit]