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The best remedy for some troubles with contracts is an injunction

Not everyone adheres to the agreements they make with others. When they violate the contracts they enter into, the injured party can seek a variety of legal remedies. In some cases, monetary relief just is not enough to rectify the problem, and the court can order certain other relief such as an injunction.

Just as would be the case elsewhere, when a Massachusetts court issues an injunction, it is ordering one party to cease taking an action that is harming the other party. This nonmonetary relief does not necessarily last indefinitely, but it can. The court has three options when it comes to injunctive relief.

As litigation begins, it may be necessary to enter an order for a preliminary injunction. This stops one party from engaging in a certain activity during the course of the proceedings. For example, in the case of a former employer suing a former employee who is believed to be violating a noncompete agreement.

A temporary injunction, more properly referred to as a temporary restraining order, prevents someone from engaging in certain actions for a specified period. Most people understand these orders to be entered in stalking or domestic violence cases, but they have other uses as well. For instance, in business litigation, this could mean preventing a lender or trustee from auctioning a property pending the court's determination of an underlying dispute. 

Not all breach of contract cases end with a monetary judgment that allows the defendant to go back to doing what caused the breach in the first place, even if the contract no longer exists at the end of litigation. When a court makes an injunction permanent, it extends beyond the end of litigation and has no end date. Getting back to the example of a noncompete agreement, the party violating it may be indefinitely barred from taking the actions that harmed the former employer.

Massachusetts businesses that enter into contracts with other parties expect everyone to honor them. When that does not happen, it may be necessary to go to court in order to have a judge resolve the situation. As part of that resolution, an injunction may be an integral part of the relief.

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