Availability of injunctive relief: Overview, definition, and example
What is the availability of injunctive relief?
The availability of injunctive relief refers to the option for a party to seek a court order (known as an injunction) that requires another party to either do something or refrain from doing something. Injunctive relief is a legal remedy used to prevent harm or to stop ongoing harm, rather than providing monetary compensation. This type of relief is often used in situations where damages (money) would not be enough to resolve the issue. For example, an injunction might stop someone from violating a contract, using proprietary information, or engaging in harmful business practices.
In simpler terms, injunctive relief is a court order that tells someone to stop doing something or to do something specific in order to prevent harm or unfair treatment.
Why is the availability of injunctive relief important?
The availability of injunctive relief is important because it provides a way to prevent or stop harm before it worsens, particularly in cases where financial compensation wouldn’t fully address the issue. For example, if a competitor is using your company’s trade secrets, you might seek an injunction to stop them from continuing to do so. This can be crucial for protecting business interests, intellectual property, or preventing unfair competition.
For SMB owners, understanding the availability of injunctive relief is important in situations where you need to protect your business from harm that can’t be easily fixed with money, such as preventing a breach of contract or stopping illegal activities by others.
Understanding the availability of injunctive relief through an example
Let’s say your company signed a non-compete agreement with an employee, but the employee leaves your business and starts working for a direct competitor, violating the terms of the agreement. In this case, you may seek injunctive relief by asking the court to issue an injunction that prevents the former employee from working for the competitor or disclosing confidential information. The injunction would be a preventive measure, stopping the employee from causing further harm to your business.
In this example, injunctive relief helps protect your business interests by preventing the harmful action before it causes irreparable damage.
Example of an availability of injunctive relief clause
Here’s an example of what an injunctive relief clause might look like in a contract:
“The Parties agree that, in the event of a breach or threatened breach of this Agreement, the non-breaching Party shall be entitled to seek injunctive relief to prevent further harm, in addition to any other remedies available under law, without the necessity of proving damages.”
Conclusion
The availability of injunctive relief is a powerful tool that allows businesses and individuals to seek court orders to prevent harm or stop harmful actions before they cause irreversible damage. For SMB owners, knowing when and how to seek injunctive relief is crucial in protecting business interests, intellectual property, and contractual rights. This legal remedy can provide a faster and more effective solution than waiting for financial damages, helping to safeguard your business’s future.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.