Injunctive relief is a legal remedy that may be sought in civil cases, in place of monetary damages. They are court orders that may compel a party to carry out a specific act or refrain from a specified act or behaviour.
Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted.
The injunctive relief clause is a contractual provision that allows a party to seek a court-ordered injunction to prevent the other party from engaging in specific actions that could cause irreparable harm.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
Some classic examples include a prohibitory injunction: to prevent you from entering someone's land; to stop the publishing of an article (for example, if the article is defamatory); or. in the form of a restraining order (for example, in domestic violence cases).
Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions.
Injunctive relief is a legal remedy granted by the court on the application of a party to require a defendant to either do something (a mandatory injunction) or to stop them from doing something (a prohibitory injunction) in order to protect property, reputation or business interests.
In what circumstances can a party apply for an injunction? An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract.
The plaintiff has the burden of proving that the defendant has breached the contract and that injunctive relief is necessary to prevent further harm. The plaintiff must also prove that the harm caused by the breach cannot be adequately compensated through monetary damages alone.