Irreparable damage or injury
Encyclopedia
An irreparable injury is, in equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were."
that no relief can be granted unless there is irreparable injury. This requirement, commonly called the "irreparable injury rule", has been the subject of sustained academic criticism, especially by remedies scholar Douglas Laycock
, who has argued at length that the rule does not actually explain the decisions of courts in the United States. Nevertheless, the irreparable injury rule was reaffirmed by the U.S. Supreme Court in 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".
Staff Rules recognize the concept for the purpose of employment
appeals.
recognizes the concept under common law
or equity, including New York
Oklahoma
, South Dakota
, and Utah
.
In addition to state law, the Federal government
takes note of the purpose of an injunction as being to "prevent irreparable damage or injury".
in Kenya
.
law notes the phrase in employment law, in a report regarding indigenous peoples
, as well as in agrarian reform
.
The irreparable injury rule
It has traditionally been a requirement of equityEquity
Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, that supplement strict rules of law where their application would operate harshly...
that no relief can be granted unless there is irreparable injury. This requirement, commonly called the "irreparable injury rule", has been the subject of sustained academic criticism, especially by remedies scholar Douglas Laycock
Douglas Laycock
Douglas Laycock is a law professor at the University of Virginia, and he is a leading scholar in two fields: the law of remedies and the law of religious liberty.- Biography :...
, who has argued at length that the rule does not actually explain the decisions of courts in the United States. Nevertheless, the irreparable injury rule was reaffirmed by the U.S. Supreme Court in 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".
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 United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Staff Rules recognize the concept for the purpose of employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
appeals.
United States
Virtually every stateUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
recognizes the concept under common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
or equity, including New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, and Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
.
In addition to state law, the Federal government
Federal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
takes note of the purpose of an injunction as being to "prevent irreparable damage or injury".
Africa
The East Africa Court of Justice has noted the concept in enjoining an electionElection
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
.
Philippines
PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
law notes the phrase in employment law, in a report regarding indigenous peoples
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
, as well as in agrarian reform
Agrarian reform
Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land or, broadly, to an overall redirection of the agrarian system of the country, which often includes land reform measures. Agrarian reform can include credit measures,...
.
See also
- Equity (law)
- InjunctionInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
- Preliminary injunctionPreliminary injunctionA preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
- Temporary restraining order