Contracts are formed when two or more parties reach an agreement that involves an exchange of promises. When one party breaks their promise and fails to reform their obligation on their contract the other party to the contract often asks, “Can I seek an injunction requiring the other party to perform?”
Injunctions Court Orders Requiring Performance
An injunction is a court order that requires someone to refrain from doing something you don’t want them to do or requires them to do something that you want them to do. We’ve discussed injunctions elsewhere on the blog. However, it is important to know that injunctions are typically very difficult to get in contract cases, even in fairly extreme situations. Injunctions require an irreparable harm (that is, something other than monetary damages).
In other words, you have to be able to show a court that if the court doesn’t act, you will suffer damages that can’t be adequately compensated by money. In most situations involving a breach of contract, that is not possible. Rather, if a party breaks their promise, they can pay you the damages that theirs breach has caused you.
There are several different ways that you can measure how you have been financially damaged by someone’s failure to perform their agreement under a contract. The bottom line is the court will seek to place you in a position where you are made whole and put in the same position that you would have been in had the contract been performed. However, this doesn’t typically include repayment of your legal fees, the costs and frustration of finding a replacement party to perform the contract for you, nor anything for the sense of moral outrage that people often feel when a promise to perform under a contract is broken.
You may not be able to obtain an injunction regarding your contract, but this doesn’t mean that you should ignore the problem or not pursue it in court. Legal action regarding a breach of contract will often jolt the other party into action. At the very least, it will allow you to recover the damages you’ve incurred as a result of what’s happened.
At Cornerstone Law Firm, our litigation attorneys can help you analyze your case. Call today to discuss your situation and let us know how we can help you.