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The [[injunction]] is an [[equitable]] [[remedy]] that originated in the English [[Courts of chancery|courts of equity]] to provide redress for wrongs for which an award of money [[damages]] doesn’t quite scratch the itch. An [[injunction]] can be given only when there is "no adequate remedy at law." So, “M’lud I don’t want money. I want him to stop doing what he’s doing, that he promised he wouldn't.” Obvious examples | {{g}}The [[injunction]] is an [[equitable]] [[remedy]] that originated in the English [[Courts of chancery|courts of equity]] to provide redress for wrongs for which an award of money [[damages]] doesn’t quite scratch the itch. An [[injunction]] can be given only when there is "no adequate remedy at law." So, “M’lud I don’t want money. I want him to stop doing what he’s doing, that he promised he wouldn't.” Obvious examples where this principal is fairly self-evidently so are [[Confidentiality obligation - Confi Provision|confidentiality obligations]]. | ||
The common conception, at least among the draughtspeople of [[confidentiality agreement]]s, is that | The common conception, at least among the draughtspeople of [[confidentiality agreement]]s, is that expressly acknowledging that one’s contractual obligations are not of the type where [[damages]] will be an adequate remedy improve a litigant’s odds of winning an injunction later. It is common see [[confidentiality agreement]]s do just that. | ||
But — and here’s the snippy bit — in the commercial world, anything of value is meant to be quantifiable in the dollars and sense. [[Homo economicus]]’ view might be blinkered, it might be philistine — but it conforms to classic economics theory. So in one sense if the right you feel has been infringed, ''it can’t have been very valuable''. | |||
{{seealso}} | {{seealso}} | ||
*{{confiprov|Remedies}} in the context of our lovely [[Confi Anatomy]] | *{{confiprov|Remedies}} in the context of our lovely [[Confi Anatomy]] | ||