A peremptory writ of mandate (or mandamus) is a court order that forces an individual or entity to perform a specific act, such as filing paperwork or providing specific information. Most commonly, this writ is used when a government agency has not taken action on something due to either negligence or purposeful avoidance. This writ can also be used by one party against another when their agreed-upon actions are not being completed, such as when one party agrees to deliver something but reneges on that agreement.
A peremptory writ of mandate is legally binding, and the party that is the subject of the writ must carry out the court’s orders. Failure to do so can result in serious penalties like fines or jail time. Therefore, this writ is taken very seriously and is not used lightly.
Examples of Peremptory Writ of Mandate (or Mandamus)
A government agency may be subject to a peremptory writ of mandate if it has been granted a request but has failed to follow through. For example, let’s say a local government is asked to approve a project, but has not done so after several months. The petitioner may seek a writ of mandamus, ordering the agency to either approve or deny the project.
In the business world, a writ of mandamus may be sought if one party reneges on an agreed-upon contract. If the other party has completed their part of the agreement, but the first party has failed to carry out their end, the second party can take legal action to demand the agreed-upon product or service.
Conclusion:
A peremptory writ of mandate (or mandamus) is a powerful court order that compels a party to do something, either by an individual or entity. While there is a great deal of respect for such writs by all parties, failure to honor the order can result in serious consequences. Knowing when and how to use a peremptory writ of mandate is essential in both the public and private sectors.