This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Injunction With Damages In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000302
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Word;
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FAQ
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions , Temporary restraining orders and preliminary injunctions . Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
The aim of a damages undertaking is to compensate any party that is harmed by an unfair injunction. For example, you could seek an injunction to stop a competing business from selling a certain product in Australia. That injunction is granted, but then overturned a year later when you lose the court case.
Adequacy of Damages This question is first considered from the Claimant's point of view. It is commonly found in business protection cases that damages will not be an adequate remedy. Firstly it is often impossible or extremely difficult to quantify loss in such cases.
Prohibitory Injunctions: These are the most common type and essentially tell the respondent what they cannot do. This could include anything from contacting a specific person (the petitioner) to coming near their home, workplace, or even a certain distance from their children's school.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
The purpose of an injunction is to prevent a party from committing an act or to compel them to perform an act, in order to rectify a wrong or prevent further harm. Injunctions are equitable remedies, meaning they are discretionary and are granted when monetary compensation (damages) is not an adequate remedy.
Canada (AG) (1994) 111 DLR (4th) 385, 1994 1 SCR 311: Is there a serious question to be tried? Will the party seeking the injunction suffer irreparable harm if the relief sought is not granted? Will granting the relief do more harm to the defendant than good for the plaintiff?
Injunction cannot be granted in case of illegal agreements:- Since an illegal agreement cannot be enforced at all, there cannot be an injunction in the case of illegal agreement. a suit for specific performance of an agreement of sale, injunction cannot be granted on the basis of Sec.
An injunction is an equitable remedy in which one party must refrain from some action harmful to the party seeking such relief (prohibitive injunction), or perform a positive act to remedy a past wrong (mandatory injunction).
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...