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When determining whether an injunction should be issued, the court must balance the need for an injunction against the 5th amendment (due process) rights of the other party to do business or carry out legal activities.The court may also consider the harm being done by the action (or inaction) of one of the parties and balance the rights and actions of both parties in making its decision.Bill 9 is now the law, and the battle is far from over.Here’s how AUPE’s members and leadership are pushing back.Visit aupe.org/fightback as times and locations are posted.
Members of a board of directors, for example, have fiduciary duties to act in the interest of the corporation.
If a board member is buying stock without authority, an injunction may be necessary to stop the purchases.
In real estate, agents have fiduciary duties, like taking earnest money and depositing it in an escrow account.
A non-compete agreement, for example, may state that a seller may seek injunctive relief (that is, the party has the right to and will seek an injunction) against a suspected competitor.
Injunctions are often used in non-compete situations where one party is contesting the non-compete or is believed to be violating the non-compete agreement and is thus damaging the other party.
Injunctions come into play in business, real estate, and contract situations.