What Does “Injunctive Relief” Mean in a Contract?
A court order requiring a party to do or stop doing something, as opposed to monetary damages.
Detailed Explanation
Injunctive relief is an equitable remedy where courts order action rather than just money. Temporary restraining orders and preliminary injunctions provide immediate relief; permanent injunctions come after final judgment.
In contracts, provisions about injunctive relief often (1) acknowledge that breaches would cause irreparable harm justifying injunctions, and (2) waive requirements to post bond. These provisions try to make injunctions easier to obtain.
Example in a Contract
“Employee acknowledges that breach of the confidentiality or non-compete provisions would cause irreparable harm for which monetary damages are inadequate, and agrees that Company may seek injunctive relief without posting bond.”
Why It Matters
Provisions acknowledging irreparable harm are designed to make it easier to get injunctions against you. While courts still have discretion, such language removes arguments you might otherwise make against emergency relief.
Related Terms
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