Second, only breaches of certain contractual obligations would or could result in irreparable harm, so it is inappropriate to say that irreparable harm could result from a breach of the agreement. For violations of most standard clauses, legal damages and damages to money are sufficient. Only the breach of certain obligations – such as confidentiality or non-competition – could ever cause irreparable harm. This fact that the breach can only cause irreparable damage to certain types of clauses is the reason why there is first and foremost a fair legal protection, unlike financial facilities. Instead of saying that the breach of obligations under the agreement could cause irreparable harm, limit it to the corresponding provisions and obligations. Equitable Relief is a concept that comes from the English common law in the American legal system and contrasts with legal relief, that is, financial relief, the easy granting of money to compensate the victim. The two most common remedies are (a) the specific benefit – a court order that requires the injuring party to do something – and (b) the injunction – a court decision that prohibits the injuring party from doing anything. Thank you, Vance. It seems to me that the Chancellor may have suggested more than the reasonable position you describe. Could he have relied on a more general assertion that parties who privately agree on a contract are difficult to balance as to how to apply the law on appropriate remedies? Perhaps to a greater extent that a federal court would be willing to accept? Finally, the parties invite the Tribunal to consider that there is irreparable harm for the purposes of its decision whether or not to grant an appropriate remedy. Instead of asking the parties to prove irreparable harm to the Tribunal.
Therefore, use the verb assume to describe how the court treats the Fair Relief clause, in summary, the parties intend that the court use the clause to accept irreparable harm, as part of the Tribunal`s decision as to whether a fair remedy should be recognized. . . .