Jun 10, 2002 10:29
21 yrs ago
11 viewers *
English term

injunctive relief

Non-PRO English Law/Patents
commercial agreement
Responses
4 a court order commanding or preventing an action
4 +6 A handful of references below

Responses

4 hrs
Selected

a court order commanding or preventing an action

I would not like to duplicate Jacek's answer, with one exception.

It's incorrect to consider injunctive relief as pertaining only to AGENCIES.

Injunctive relief can be awarded against ANYONE - a legal entity as well as an individual.

All the context we have is that we're talking about a "commercial agreement" (a contract).

I would say that we really do not know who exactly are the parties to this commercial agreement (again, legal entities, individuals/natural persons or any combination thereof), so one needs to be very careful about narrowing a broad definition.

It is just a court order commanding one/several of the parties to the agreement (whoever they are) to do something/ abstain from doing something (specified in the order). Injunctive relief is a category of relief opposing monetary relief (money awarded by court to cover damages etc.).
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4 KudoZ points awarded for this answer. Comment: "thank you for your co-operation - omitting to detail type of parties has been aimed at making the context universal, independent from parties"
+6
11 mins

A handful of references below

(b) "Injunctive
relief" means; (1) a permanent injunction; (2) a temporary injunction; or (3 ...
www.abc.org/documents/righttowork.pdf

... will be entitled to injunctive relief and to recover attorneys' fees. Injunctive
relief means "fixing the problem": such as reinstating you in your position ...
www.pacer.org/pride/complnt.htm

.. Injunctive relief" means a court order which directs the agency
to perform or to refrain from performing certain acts. ...
www.policy.okdhs.org/ch2\DHS_2/DHS-2-25/CHP_2DHS2252_Defini...

"'Injunctive Relief'
means any relief available from receiving a written, justified a court or ...
www.vought.com/suppliers/contract/cadterms/t2xg297.pdf

One way of using injunctive relief:

376.1045. The director may, in addition to any other remedy or sanction authorized under the insurance laws of this state, seek injunctive relief against any unauthorized insurer under section 375.786, RSMo, or any unauthorized multiple employer self-insured health plan under sections 376.1000 to 376.1045. Pursuant to such injunctive relief, the court may order such unauthorized insurer or plan to pay money sufficient to pay for the outstanding claims of residents of this state against such insurer or plan and for the adjustment of such claims and the administration of such claims and adjustment. The money shall be payable to any fund established by the director for the purposes of this section. Such fund shall be controlled and administered by the director and his appointees, subject to the supervision of the court. The director and his appointees shall be subject to judicial immunity for any acts or omissions within the scope of establishing, controlling or administering such fund.
http://www.moga.state.mo.us/statutes/C300-399/3761045.HTM
Peer comment(s):

agree Сергей Лузан : 100 %.
17 mins
agree Piotr Kurek : qed
35 mins
agree CLS Lexi-tech
2 hrs
agree Diego V (X)
4 hrs
agree jccantrell : wow!
4 hrs
agree Betty Revelioti
1 day 5 hrs
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