Injunctive relief for breach of contract
Other lawsuits that are not claims for breach of contract, but could relate to contractual disputes (such as declaratory judgments and injunctions), are also not addressed. which by protective provisions in the judgment, by the shaping of relief, Injunctive relief may be available to prevent further damages while the legal case is in process. Alternative dispute resolution services such as mediation and remedies to protect parties against contractual breaches such as section 38, which allows for Specific Performance and section 42 for Injunctions in the case of declaratory relief offers an immediate means to resolve this uncertainty. breach of contract claim may be an inappropriate use of the declaratory judgment
The Equitable Relief clause (also known as a Specific Performance, Irreparable Harm or Injunctive Relief clause) is used to secure special, equitable, remedies for contract breach when money or legal damages would be inadequate.
A “remedy” is the relief a Court may grant upon finding that a wrong has been committed. Remedies for breach of contract fall into two main classifications: “legal” remedies (i.e., the right to be awarded monetary damages) and“equitable” remedies (i.e., the right to some relief from the Court other than damages). Explanation to s.12 of the Specific Relief Act proclaims that unless the contrary is proved, the court shall presume that the breach of contract to transfer immovable property cannot be adequately relieved by compensation in money. Hence, temporary injunction restraining the breach of such a contract can be passed. What are the Remedies for Breach of Contract? There are several remedies for breach of contract, such as award of damages, specific performance, rescission, and restitution.In courts of limited jurisdiction, the main remedy is an award of damages. Description 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. The Equitable Relief clause (also known as a Specific Performance, Irreparable Harm or Injunctive Relief clause) is used to secure special, equitable, remedies for contract breach when money or legal damages would be inadequate.
Citation. Tham, Chee Ho. "Remedies for Breach of Contract II: Specific Performance and Injunctions." In Basic Principles of Singapore Business Law, edited by
Injunctive Relief. It is recognized and acknowledged by the Executive that a breach of the covenants contained in Sections 7 and 8 will cause irreparable damage to the Company and its goodwill, the exact amount of which will be difficult or impossible to ascertain, and that the remedies at law for any such breach will be inadequate.
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. It is used in cases where there is no remedy for having caused the stated harm by exchanging money or other property of value, and the only way to prevent damage is to stop the stated action.
Specific performance is an equitable remedy in the law of contract, whereby a court issues an Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. Such damages will normally be assessed on the same basis as damages for breach of contract, namely When a party breaches a contract, a court will usually award money damages to the innocent party. But there are other types of remedies. Equitable of injunctive relief in the case of a breach of the agreement, US courts are not compelled to grant automatic injunctions based solely on contract language. Thus Injunctive relief for breach of contract; How to seek an interim injunction for breach of contract; Freezing injunctions in response to contractual breach
The Equitable Relief clause (also known as a Specific Performance, Irreparable Harm or Injunctive Relief clause) is used to secure special, equitable, remedies for contract breach when money or legal damages would be inadequate.
declaratory relief offers an immediate means to resolve this uncertainty. breach of contract claim may be an inappropriate use of the declaratory judgment Injunctions - these are orders directing a party not to do something - eg, not to persist with a contractual breach. Both remedies are discretionary; the court is not For breach of contract cases, there are several different types of monetary remedies: Compensatory damages : This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. “Injunctive Relief” clauses in employment contracts claim to give an employer the right to a Court Order to stop an employee from breaching certain employment contract provisions, most commonly (a) confidentiality, (b) trade secret, and (c) non-compete obligations. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. This type of injunction is a permanent injunction. Permanent injunctions are issued by a court after hearing a matter, and as a part of the judgment order.
14 Dec 2007 Refusing to Enforce the Contractual Stipulation injunctive remedies should be available for breaches of the Agreement. F or more than a Courts will enforce specific performance only if the underlying contract was “fair to injunctive or other equitable relief to prevent a breach of this agreement by Other lawsuits that are not claims for breach of contract, but could relate to contractual disputes (such as declaratory judgments and injunctions), are also not addressed. which by protective provisions in the judgment, by the shaping of relief,