THE INTERLOCUTORY INJUNCTION AND IRREPARABLE HARM

Authors

  • PAUL M PERELL

Abstract

The concept of irreparable harm is a critical element in the testfor granting an interlocutory injunction. This article shows that irreparable harm was originally a manifestation of the principle that equity would not act if the common law remedy was adequate. In the context of injunctions, irreparable harm is concerned with the adequacy of damages . The article explores the adequacy of damages in the particular context of interlocutory injunctions, showing that the meaning of irreparable harm is that the plaintiffs injury, combined with the effect of the delays inherent in the administration of justice, cannot be compensated for or overcome by an award of money or other remedy at trial. The article argues and demonstrates by a detailed review of the case law that without ignoring the other elements of the test, a plaintiff should be granted an interlocutory injunction if, and only if, the remedy at trial, whatever it might be, will come too late to do justice.

Keywords:

Tort Law

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Published

1989-09-01

Issue

Section

Legal Commentary

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