What is Injunctive Relief?
A court order that prohibits an organisation or an individual from taking a specific action is known as injunctive relief. Conversely, injunctive relief may compel an entity to take specific action.
The primary goal of injunctive relief is to limit or prevent actions that could cause irreparable harm to another person or entity. It is frequently used when monetary compensation is deemed insufficient to correct the wrongdoing of the entity receiving injunctive relief.
The primary goal of injunctive relief is to keep future harm from happening. If the offending entity continues to operate in the absence of injunctive relief, they may face jail time or additional fees.
What are the types of Injunctive Reliefs?
Injunctions are classified according to two factors: their effect and their permanence.
Types of Effects
Mandatory Injunctions: This effect forces a party to take specific action as a form of retaliation.
Prohibitory Injunctions: This requires individuals or companies to cease a certain action.
Levels of Permanence
Permanent injunctions: These injunctions are issued at the conclusion of the trial and have no set duration.
Preliminary/Temporary Injunctions: Preliminary injunctions are issued at the start of a trial to prevent the defending party from taking further actions that could harm the prosecuting party during the course of the trial.
Temporary Restraining Orders (TROs): TROs are injunctions that are only in effect for a limited time. A TRO, for example, may only be in effect for a maximum of two weeks (although it can be renewed if the court so orders).
Examples of Injunctive Relief
Theft of Clients:
If a former employee steals a company's clients, the innocent party may attempt to prevent the former client from causing further harm. While the severity of this penalty is dependent on a few factors, a TRO can put a stop to client theft. The two parties can then reach an agreement on how to resolve the issue.
Contractual Breach:
Injunctive relief is an effective way to prevent an offending party from breaching a contract in the future. This can assist in realigning their performance to work within the parameters of the contract.
Bankruptcy:
When a company or individual declares bankruptcy, their assets are forfeited to help pay off their debts. During this time, an injunction may be issued against creditors to prevent them from collecting debts.
Infringement on Intellectual Property:
When an unauthorised party uses a licenced intellectual property's likeness, the owner of the property can seek injunction relief to limit the misuse of their property. This type of injunction is usually permanent.
What forms of reliefs can Injunctions offer?
Injunctions can provide relief when monetary compensation is insufficient or inappropriate. In the case of bankruptcy, for example, it is more appropriate to ask debt collectors to cease collection efforts rather than to request financial rewards.
Another way injunctions can provide relief is by limiting the amount of additional damage that an entity can cause. Allowing the offending party to continue infringement can seriously harm the licenced property; stopping the infringement is the most fiscally responsible tactic.
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