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.
New Mexico Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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How to fill out Complaint For Injunctive Relief And Damages For Breach Of Noncompetition Agreement - Breach Of Contract - Violation Of Trade Secrets Act?
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FAQ
Many states generally presume the validity of a contractual provision that shortens the statute of limitations. These states defer to the parties' freedom to contract unless the contractual provision is unreasonable or unconscionable.
Generically the answer is "no;" courts will enforce a statute instead of a conflicting contract. However, many statutes either explicitly or implicitly allow contracts to override them in at least some situations.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
In most courts, monetary damage awards are the most common remedy for contractual breaches, as specific performance and other equitable remedies may not fall within the jurisdiction of those courts.
There are two main equitable remedies available for breach of contract. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. An injunction is a remedy that prohibits a party from a particular act. An injunction can be temporary, preliminary or permanent.
A material breach occurs when one of the parties fails to perform a clause within the contract, or the whole of the contract, such that the other party never receives the goods or services promised or receives goods or services that are significantly different than those promised in the contract.
To address problems quickly, parties to a contract may agree effectively to shorten the statute of limitations for filing lawsuits involving the contract or their business relationship. Contractually shortened statutes of limitations are becoming more popular in real estate contracts.