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    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #1

    Aug 15, 2011, 05:04 AM
    Cease and desist order
    If a company were to bulldoze the wrong house.Or if you buy a defective product. And the party complaints.
    Can the company impart a "Cease and Desist order" and do you think the judge will enforce it. Or is each
    Incident a separate circumstance.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 15, 2011, 05:08 AM
    Quote Originally Posted by pastor1189 View Post
    If a company were to bulldoze the wrong house.Or if you buy a defective product. And the party complaints.
    can the company impart a "Cease and Desist order" and do you think the judge will enforce it. Or is each
    incident a separate circumstance.
    Yes. Each case depends on the circumstances.

    Is this just a hypothetical question?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 15, 2011, 05:24 AM

    Bull doze the wrong house or sell a defective product is so very different.

    Why did they do the wrong house, was it a paper work error, or a error in finding the property.

    And a cease and desist order is to stop someone from doing something, and could not be used to stop legal action against a specific wrong.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 15, 2011, 05:47 AM
    Quote Originally Posted by pastor1189 View Post
    do you think the judge will enforce it.
    Hello p:

    No.

    A company has no more authority than an individual does. I can tell somebody to "cease and desist", doing something... but, it means NOTHING in terms of the law.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 15, 2011, 07:42 AM
    Quote Originally Posted by excon View Post
    ...
    A company has no more authority than an individual does. I can tell somebody to "cease and desist", doing something... but, it means NOTHING in terms of the law.
    ...
    That.

    And telling someone to cease and desist bulldozing the wrong house is going to have even less effect. The house is already gone.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 15, 2011, 07:54 AM
    Quote Originally Posted by pastor1189 View Post
    If a company were to bulldoze the wrong house.Or if you buy a defective product. And the party complaints.
    Hello again, p:

    Forgive me.. In legal issues, it takes several readings for me to be able to cull out the salient factors, and your question was no different...

    Upon a second reading, please tell us HOW the party complained? Most times when someone complains, a company wouldn't issue a "cease and desist" demand.. They would do that when someone is SLANDERING them publicly and calling it a complaint. Might that be what happened here?

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 15, 2011, 08:20 AM

    A legal order would be an injunction issued by a judge. Anyone can send you a cease and desist order. If you ignore it, that can be pointed out in court. Or the person can be intimidated and cease.

    For a judge to issue an injunction, there would have to be enough evidence that a law is being broken or someone will be harmed.
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