Injunctive Relief For Breach In North Carolina

State:
Multi-State
Control #:
US-000302
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.

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FAQ

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.

These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.

To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...

An injunction generally may be temporary or permanent. A temporary injunction preserves the status quo and the rights of the parties until the court issues further orders. A permanent (or final) injunction may continue after an action concludes, either perpetually or until a specified date.

To obtain a preliminary injunction, the seeking party must generally show that they are likely to succeed on the merits of their case, that they will suffer irreparable harm without the injunction, that the balance of hardships favors them, and that the public interest supports the injunction.

Injunctive relief usually takes one of three forms: temporary restraining order (TRO), preliminary injunction, and permanent injunction. As their modifying terms imply, each has a different level of the time commitment involved.

There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

What Is an Injunction and Why Is it Used? Injunction relief—also known as injunctive relief or simply as an injunction—is a court order that prohibits an organization or an individual from taking a specific action. Conversely, an injunction may also require an entity to take a certain action.

More info

Rule 65. Injunctions. (a). Preliminary injunction; notice.Explore legal consequences of breach of contract and how it impacts cases. Learn how our NC contract law attorneys can protect your rights. Breach of contract remedies can be complicated for numerous reasons, since there are different ways of assessing how the aggrieved party has been damaged. Injunctive relief for breach of contract is a legal remedy that restrains a party from doing certain acts or requires a party to act in a certain way. An injunction granted to a tenant corresponds to the remedy of specific performance granted to a purchaser of property. Has a party breached an agreement? Do you need a remedy for the breach of contract? An attorney can assist you in filling out the Motion to Claim Exempt Property.

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Injunctive Relief For Breach In North Carolina