irreparable injury – can’t be adequately measured or compensated by money; therefore remediable by injunction

     This page is continued from Civil Law Self-Help >>>> § 2 – Assess Injuries and Losses >>>> Injuries >>>> General Types of Injuries:


irreparable injury:

1. An injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction. — aka irreparable harm; nonpecuniary injury.  See IRREPARABLE-INIURY RULE.

1. See irreparable damages. [2]

1. As the term applies in the law of injunctions: — an injury of such a character that a fair and reasonable redress may not be had in a court of law, so that to refuse  the injunction would be a denial of justice — in other words, where, from the nature of the act, or from the circumstances surrounding the person injured, or from the financial condition of the person committing it, the injury cannot be readily, adequately, and completely compensated for with money.  Miller v Lawlor, 245 Iowa 1144, 66 NW2d 267, 48 ALR2d 1058. [3]

     Excerpt from Elias Merwin’s Principles of Equity and Equity Pleading (H.C. Merwin ed., 1895):

     “The term ‘irreparable injury,’ however, is not to be taken in its strict-literal sense. The rule does not requrre that the threatened injury should be one not physically capable of being repaired. If the threatened injury would be substantial and serious one not easily to be estimated, or repaired by money and if the loss or inconvenience to the plaintiff if the injunction should be refused (his title proving good) would be much greater than any which can be suffered by the defendant through the granting of the injunction, although his title ultimately prevails, the case is one of such probable great or ‘irreparable’ damage as will justify a preliminary injunction.[4]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: Elias Merwin, Principles of Equity and Equity Pleading 426-27 (H.C. Merwin ed., 1895).


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