quia timet


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quia timet

see INJUNCTION.

QUIA TIMET, remedies. Because he fears. 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." Co. Litt. 100 and see 7 Bro. P. C. 12 5.
     2. These writs are generally obsolete. In chancery, when it is contemplated to prevent an expected injury, a bill quia timet (q.v.) is filed. Vide 1 Fonb. 41; 18 Vin Ab. 141; 4 Bouv. Inst. n. 3801, et seq. Bill quia timet.

References in periodicals archive ?
I make this ruling because there is sufficient basis in the numerous past breaches of certain terms of the Undertaking to give rise to a reasonable apprehension that there could well be future breaches of the same or other terms of the Undertaking which could be prevented by the granting of the ACCC's application under Section 87B on a quia timet basis.
This comment demonstrates that, where it is appropriate to do so, as in this case, the Court is empowered to make orders which extend beyond the ambit of Sections 80, 87(2) and 87A(2) in the TPA and, if necessary, beyond the scope of the original Undertaking to provide relief against apprehended breaches on a quia timet basis.