Template:Injunction capsule: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
(Created page with "An injunction is an equitable remedy for breach of contract — or, for that matter, tort, but finance types tend not to care so much about them — that originate...")
 
No edit summary
 
Line 1: Line 1:
An [[injunction]] is an [[equitable remedy]] for [[breach of contract]] — or, for that matter, tort, but finance types tend not to care so much about them — that originated in the English [[Courts of chancery|courts of equity]]. Its aim: to provide redress for wrongs for which an award of money [[damages]] — the usual tool in the [[common law]]’s armoury — doesn’t quite scratch the itch. An [[injunction]] can be given only when there is “no adequate remedy at law” — meaning, prrincipally, the [[common law]], but we suppose it could include [[statute]] and [[regulation]] as well. So, “M’lud I don’t want money. I want this blighter to ''stop'' doing what he’s doing, if he promised he ''wouldn’t'', or ''start'' doing what he’s not doing, if he said he ''would''.”
An [[injunction]] is an [[equitable remedy]] for [[breach of contract]] — or, for that matter, tort, but finance types tend not to care so much about them — that originated in the English [[Courts of chancery|courts of equity]]. Its aim: to ''stop'' someone behaving inequitably — to “enjoin” the person so to speak, from indulging in turpitude — thereby providing a redress for wrongs for which an award of money [[damages]] — the usual tool in the [[common law]]’s armoury — doesn’t quite scratch the itch. An [[injunction]] can be given only when there is “no adequate remedy at law” — meaning, principally, the [[common law]], but we suppose it could include [[statute]] and [[regulation]] as well.  Compare with [[specific performance]].
 
The best example where this principle is commonly regarded to apply — in theory, if not necessarily in practice — is a breach of an [[Confidentiality obligation - Confi Provision|obligation of confidentiality]].

Latest revision as of 13:37, 14 October 2020

An injunction is an equitable remedy for breach of contract — or, for that matter, tort, but finance types tend not to care so much about them — that originated in the English courts of equity. Its aim: to stop someone behaving inequitably — to “enjoin” the person so to speak, from indulging in turpitude — thereby providing a redress for wrongs for which an award of money damages — the usual tool in the common law’s armoury — doesn’t quite scratch the itch. An injunction can be given only when there is “no adequate remedy at law” — meaning, principally, the common law, but we suppose it could include statute and regulation as well. Compare with specific performance.

Retrieved from "https://jollycontrarian.com/index.php?title=Template:Injunction_capsule&oldid=47883"