Irreparable injury
An irreparable injury is, in equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were."[1]
The irreparable injury rule
It has traditionally been a requirement of
eBay v. MercExchange, 547 U.S. 388 (2006), a case in which the Court announced a test for injunctive relief that required, among other things, that the plaintiff prove "that it has suffered an irreparable injury".[3]
The concept of irreparable injury in various jurisdictions
The general idea that there are irreparable injuries has been recognized in various jurisdictions.
United Nations
The
appeals.[4]
United States
Virtually every state recognizes the concept under common law or equity, including New York[5] Oklahoma,[6] South Dakota,[7] and Utah.[8]
In addition to state law, the
Federal government takes note of the purpose of an injunction as being to "prevent irreparable damage or injury".[9][10][11][12]
Africa
The East Africa Court of Justice has noted the concept in enjoining an election in Kenya.[13]
Philippines
employment law,[14][15][16] in a report regarding indigenous peoples,[17] as well as in agrarian reform.[18]
See also
- Equity (law)
- Injunction
- Preliminary injunction
- Temporary restraining order
- Quia timet
References
- ^ Law Dictionary.
- ^ Douglas Laycock, The Death of the Irreparable Injury Rule (Oxford Univ. Press 1991).
- ^ "Serious Injury Attorney". Friday, 16 April 2021
- ^ See U.N. Joint Appeals Board web site, citing, Law Dictionary, supra.
- ^ Private law firm's web site glossary.
- ^ Oklahoma case
- ^ S.D. Public Service Commission web site
- ^ "Attorney General of Utah web site". Archived from the original on 2007-04-02. Retrieved 2007-06-20.
- ^ D.Ariz. official web site.
- ^ "N.D.Tex. official web site". Archived from the original on 2007-07-08. Retrieved 2007-06-20.
- ^ DOJ Web site, Kid's page.
- ^ e5quire Law, 17 January 2023
- ^ EAC web page Archived 2007-09-28 at the Wayback Machine.
- ^ "DOLE FAQs: Details". Archived from the original on 2007-09-30. Retrieved 2007-06-20.
- ^ See case on Philippines Supreme Court official web site Archived 2007-09-29 at the Wayback Machine.
- ^ Philippine Jurisprudence web site
- ^ See an Order on the - National Commission on Indigenous Peoples web page Archived 2007-09-28 at the Wayback Machine.
- ^ Sen. Pimental's web site