Irreparable Harm In Contract

State:
Multi-State
Control #:
US-02104BG
Format:
Word; 
Rich Text
Instant download

Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Examples of Irreparable Harm:Injury to reputation or goodwill.Deprivation of constitutional rights, such as the right to free speech.Enjoining dredging operations in living coral reefs that were about to be declared a national monument.Loss by an athletic team of the services of a star athlete.More items...

Business contracts frequently contain remedy clauses whereby the parties agree that a breach constitutes irreparable harm entitling the nonbreaching party to specific performance or injunctive relief to enforce the agreement.

An injunctive relief clause is a component of a contract that specifically orders one party or both parties of the contract to refrain from doing an act that would cause harm to the other party.

The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California.

Irreparable harm is harm that would not be adequately compensated by monetary damages or an award of damages that cannot be provided with adequate compensation months later.

More info

By definition, the concept of irreparable injury seeks relief for a type of harm for which there is no adequate remedy at law (e.g. , no monetary damages).In the event Employee breaches the covenants contained in this Agreement, Employee recognizes that irreparable injury will result . . . Most often, there must be a showing of irreparable harm if the injunction is not implemented.

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Irreparable Harm In Contract