Injunction/Irreparable Harm Clauses

Summary

This practice note sets out the purpose and structure of injunction/irreparable harm clauses which acknowledge that a breach of the agreement will cause irreparable harm for which damages will be an inadequate remedy or simply agree that an injunction is the appropriate remedy in the event of a breach. It also identifies and examines the two competing interpretative lines of authority for such clauses as established by the courts.