Irreparable damage or injury
From Wikipedia, the free encyclopedia
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...." [1] It is harm where no amount of money can compensate the harm that is being done, or will be done.[2]
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[edit] 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." [3]
In tort law, especially Worker's compensation law, the term may also used synonymously with Permanent disability.
[edit] 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." [4] An injunction is "an order of a court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury."[5]
[edit] Recognition by various jurisdictions
[edit] United Nations
The United Nations Staff Rules recognize the concept for the purpose of employment appeals. [6]
[edit] United States
Virtually every state recognizes the concept under common law or equity, including New York [7] Oklahoma, [8] South Dakota, [9] and Utah. [10]
In addition to state law, the Federal government takes note of the purpose of an injunction as being to "prevent irreparable damage or injury". [11] [12] [13]
[edit] Africa
The East Africa Court of Justice has noted the concept in enjoining an election in Kenya. [14]
[edit] Philippines
Philippines law notes the phrase in employment law, [15] [16] [17] in a report regarding indigenous peoples, [18] as well as in agrarian reform. [19]
[edit] See also
[edit] References
- ^ Law Dictionary.
- ^ Legal explanations website.
- ^ Law Dictionary, supra, at [1].
- ^ Law Dictionary, supra, at [2].
- ^ American Bar Association official web site
- ^ See U.N. Joint Appeals Board web site, citing, Law Dictionary, supra.
- ^ Private law firm's web site glossary.
- ^ Oklahoma case
- ^ S.D. Public Service Commission web site
- ^ Attorney General of Utah web site
- ^ D.Ariz. official web site.
- ^ N.D.Tex. official web site
- ^ DOJ Web site, Kid's page.
- ^ EAC web page.
- ^ DOLE FAQs: Details
- ^ See case onPhilippines Supreme Court official web site.
- ^ Philippine Jurisprudence web site
- ^ See an Order on the - National Commission on Indigenous Peoples web page.
- ^ Sen. Pimental's web site
