In business, the reality is that breaches of contract will occur at times. The nature and severity of these breaches can differ, and so too can the potential remedies offered by the court.
One option that the courts have is to provide injunctive relief. Essentially, this means preventing the party alleged to be in breach from taking certain actions and continuing to breach the agreement. For example, the court may insist that the party alleged to be in breach ceases work on a particular project until the dispute has been resolved. This prevents the party adversely impacted by the breach from suffering further losses.
For injunctive relief to be applied, there are some key grounds that must be satisfied. Here is what you need to prove to get injunctive relief in Florida.
The plaintiff will suffer irreparable harm
Injunctive relief is a drastic step. Thus, the grounds for the court imposing such a measure must be serious. One of the first qualifications that must be met is that the plaintiff is likely to suffer irreparable harm without an injunction being ordered. For example, if the plaintiff’s business would suffer irreparable damage to its reputation without an injunction, then the court may take this step.
A clear legal right
Generally, the court will explore whether or not there are other suitable remedies based on the rights of the affected party. Only once it has been established that the plaintiff has a clear legal right, and that no other remedy is available, will injunctive relief be ordered. Furthermore, the losses suffered by the plaintiff should outweigh any damages suffered by the party subject to the injunction.
Valid public interest
The element of public interest is also considered prior to granting injunctive relief. Public interest in law refers to the welfare and overall well-being of society. An injunction that threatens the common good, individual rights and threatens justice will not be ordered by the courts.
An injunction can potentially help your business, but the law in this area is complex. Call us today to discuss your options in more detail.