Cease And Desist
Meaning:
Cease and desist is a legal phrase that means to stop and refrain from doing a particular act or activity. It is a legal order that prohibits a person or group from continuing a certain action.
Legal basis:
Cease and desist orders are based on the principle of prohibiting harmful or offensive actions. They are typically issued in cases where there has been a violation of law, a breach of a contract, or a nuisance.
Examples:
- A company that engages in unfair competition is ordered to cease and desist.
- A person who is engaged in defamation is ordered to cease and desist.
- A landlord who illegally evicts tenants is ordered to cease and desist.
Form:
A cease and desist order typically includes the following elements:
- The name of the plaintiff and defendant.
- A description of the prohibited act.
- The specific relief sought.
- The date and time of the order.
- The signature of the judge.
Enforcement:
Cease and desist orders can be enforced by a variety of methods, including:
- Injunctions
- Restraining orders
- Contempt of court
- Damages
Note:
Cease and desist orders are temporary injunctions that typically last for a specified period of time. If the defendant violates the terms of the order, they can be held in contempt of court.
