Irreparable Harm

Refers to an injury typically to a business that cannot be adequately remedied by an award of monetary damages.  The inability to remedy may be because the injury is persistent, such as the destruction of business opportunities, the public disclosure of confidential information or the dissolution of a business.  Irreparable harm may also arise because the party acting in a manner to inflict the harm is so impecunious that it would not be able to pay enough compensation, or it is in some way judgment proof, i.e., it has ring fenced assets, is hard to identify, or its assets are outside the jurisdiction.  The possibility of irreparable harm is a key issue in injunctions, restraining orders and preliminary injunctions.  It is also a factor in requiring parties to sometimes post-a-bond.

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