{"id":11381,"date":"2017-12-23T22:22:13","date_gmt":"2017-12-23T22:22:13","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11381"},"modified":"2020-10-21T18:37:36","modified_gmt":"2020-10-21T18:37:36","slug":"irreparable-injury-an-injury-that-cannot-be-adequately-measured-or-compensated-by-money-and-is-therefore-often-considered-remediable-by-injunction","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11381","title":{"rendered":"irreparable injury – can’t be adequately measured or compensated by money; therefore remediable by injunction"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Civil Law Self-Help<\/a> >>>>\u00a0\u00a7 2 – Assess\u00a0<\/a>Injuries and Losses<\/a>\u00a0<\/em>>>>> Injuries<\/a> >>>> General Types of Injuries<\/a>:<\/span><\/strong><\/p>\n

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irreparable injury<\/span>:<\/span>
\n<\/strong>(17c)<\/span><\/p>\n

1. An injury<\/a> that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction<\/a>.<\/strong> \u2014 aka irreparable harm<\/strong><\/em><\/span>; nonpecuniary injury<\/strong><\/em><\/span>.\u00a0 See IRREPARABLE-INIURY RULE.<\/span><\/p>\n

1. See irreparable damages<\/strong><\/a>. [2]<\/span><\/p>\n

1. As the term applies in the law of injunctions<\/a>: \u2014 an injury<\/a> of such a character that a fair and reasonable redress may not be had in a court of law, so that to refuse\u00a0 the injunction would be a denial of justice \u2014 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.\u00a0 Miller v Lawlor<\/em>, 245 Iowa 1144, 66 NW2d 267, 48 ALR2d 1058<\/span>.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Elias Merwin’s Principles of Equity and Equity Pleading<\/em><\/a> (H.C. Merwin ed., 1895):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe term \u2018irreparable injury,\u2019 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 \u2018irreparable\u2019 damage as will justify a preliminary injunction.<\/span>\u201d <\/span><\/strong>[4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Elias Merwin, Principles of Equity and Equity Pleading<\/em><\/a> 426-27 (H.C. Merwin ed., 1895).<\/span><\/strong><\/p>\n

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