Irreparable damage or injury

Irreparable damage or injury

An irreparable damage or injury is, in tort law or equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were...." [ [http://dictionary.law.com/default2.asp?selected=1031&bold=%7C%7C%7C%7C Law Dictionary] .] It is harm where no amount of money can compensate the harm that is being done, or will be done. [ [http://www.legal-explanations.com/definitions/irreparable-damage-or-injury.htm Legal explanations website] .]

Examples of irreparable damage or injury

Examples of "irreparable injuries" are "cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, or a host of other actions or omissions." [Law Dictionary, "supra", at [http://dictionary.law.com/default2.asp?selected=1031&bold=%7C%7C%7C%7C] .]

In tort law, especially Worker's compensation law, the term may also used synonymously with Permanent disability.

Purpose

"Irreparable damage or injury" can be used to request a judge to "order an injunction, writ, temporary restraining order or other judicial assistance, generally known as equitable relief. Such relief is a court order of positive action, such as prohibiting pollution or requiring the shoring up of a defective wall." [Law Dictionary, "supra", at [http://dictionary.law.com/default2.asp?selected=1031&bold=%7C%7C%7C%7C] .] An injunction is "an order of a court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury." [ [http://www.abanet.org/publiced/practical/books/family_legal_guide/glossary.pdf American Bar Association official web site] ]

Recognition by various jurisdictions

United Nations

The United Nations Staff Rules recognize the concept for the purpose of employment appeals. [See [http://www.un.org/jab/faqs.html U.N. Joint Appeals Board web site] , citing, Law Dictionary, "supra".]

United States

Virtually every state recognizes the concept under common law or equity, including New York [ [http://www.cityinjurylawyer.com/glossary.html Private law firm's web site glossary] .] Oklahoma, [ [http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=39090 Oklahoma case] ] South Dakota, [ [http://www.state.sd.us/puc/commission/dockets/telecom/2006/tc06-010/confidentialityagreement.pdf S.D. Public Service Commission web site] ] and Utah. [ [http://www.attygen.state.ut.us/legalglossary.html Attorney General of Utah web site] ]

In addition to state law, the Federal government takes note of the purpose of an injunction as being to "prevent irreparable damage or injury". [ [http://www.azd.uscourts.gov/azd/courtinfo.nsf/court/files/$file/glossary+of+terms.pdf D.Ariz. official web site] .] [ [http://www.txnd.uscourts.gov/publications/glossary.html N.D.Tex. official web site] ] [ [http://www.usdoj.gov/usao/eousa/kidspage/glossary.html DOJ Web site, Kid's page] .]

Africa

The East Africa Court of Justice has noted the concept in enjoining an election in Kenya. [ [http://www.eac.int/news_2006_11__EACJ_ruling_on_kenya_EALA_mps.pdf EAC web page] .]

Philippines

Philippines law notes the phrase in employment law, [ [http://www.dole.gov.ph/faq/details.asp?id=F0000254 DOLE FAQs: Details ] ] [See case on [http://www.supremecourt.gov.ph/jurisprudence/1996/nov1996/110494.htm Philippines Supreme Court official web site] .] [ [http://lawphil.net/judjuris/juri2002/jul2002/gr_143215_2002.html Philippine Jurisprudence web site] ] in a report regarding indigenous peoples, [See an Order on the [http://www.ncip.gov.ph/mandate/policies.php?act=dl&file=QURNSU5JU1RSQVRJVkUgQ0lSQ1VMQVIgTk8uIDEsIFMuIDIwMDMucGRm - National Commission on Indigenous Peoples web page] .] as well as in agrarian reform. [ [http://www.nenepimentel.org/cgi-bin/build.pl?section=legislation;id=SBN-1567 Sen. Pimental's web site] ]

ee also

*Equity (law)
*Injunction
*Preliminary injunction
*Temporary restraining order

References


Wikimedia Foundation. 2010.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • irreparable damage or injury — n.    the type of harm which no monetary compensation can cure or put conditions back the way they were, such as cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause… …   Law dictionary

  • irreparable damage — See irreparable injury …   Ballentine's law dictionary

  • irreparable injury — n: serious injury to a party that justifies relief esp. by preliminary injunction – called also irreparable damage, irreparable harm; ◇ Typical irreparable injury is not remediable by monetary compensation. Merriam Webster’s Dictionary of Law.… …   Law dictionary

  • injury — in·ju·ry n pl ries [Latin injuria, from injurus injurious, from in not + jur jus right] 1: an act that wrongs or harms another; specif: a violation of a legally protected interest (as the physical or mental well being, property, reputation, or… …   Law dictionary

  • irreparable — irreparable, irrepairable Irreparable, meaning ‘that cannot be recovered or made good’, is pronounced with the stress on the second syllable, and is used of circumstances and relationships, typically qualifying words such as consequences, loss,… …   Modern English usage

  • irreparable — ir·rep·a·ra·ble /i re pə rə bəl, prə bəl/ adj: impossible to repair, remedy, or undo ir·rep·a·ra·bly adv Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. irreparable …   Law dictionary

  • damage */*/*/ — I UK [ˈdæmɪdʒ] / US noun Get it right: damage: When damage means harm or injury it is an uncountable noun, and so: ▪  it is never used in the plural ▪  it never comes after a or a number Wrong: These toxins can cause damages to the lungs and… …   English dictionary

  • irreparable injury — 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 …   Ballentine's law dictionary

  • injury — Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, No. 7. Absolute injuries. Injuries to those rights which a person… …   Black's law dictionary

  • injury — Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, No. 7. Absolute injuries. Injuries to those rights which a person… …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”