What is it?
An equitable remedy that controls conduct of the parties during litigation or after a contract breach.
injunction
Civil ProcedureLegal glossary term
Quick answer
INJUNCTION usually means a court order halting or compelling action. In contracts, it matters because breaching it can trigger contempt sanctions. Before signing, check whether any injunction clause limits your ability to act.
Definitions
What is injunction?
Legal Definition
A court order that commands a party to do or refrain from doing something. It creates a legally enforceable duty, and violating it can bring contempt sanctions. The most critical qualifier is whether the injunction is temporary, preliminary, or permanent.
Plain-English Translation
Think of a hall pass that tells you you must stay in the library; crossing the line means the librarian can call you out.
Contract relevance
Why injunction matters in contracts
Ignoring an injunction can lead to a contempt judgment and monetary penalties, and the violating party bears the risk.
Document context
Where injunction appears in documents
| Document type | Section | Why it matters |
|---|---|---|
| UCC Security Agreement | Article 9, Section 9-609 | Allows creditor to seek injunction to prevent debtor's asset disposition |
| ISDA Master Agreement | Section 9(b) | Provides for injunctions to enforce netting provisions |
| Employment Contract | Restrictive Covenant Clause | Enables employer to seek injunction against competitor employment |
| Federal Complaint | Preliminary Injunction Motion | Shows when parties request immediate relief |
Contract language
Common contract wording
| Contract wording | Plain-English meaning | What to check |
|---|---|---|
| "The Seller shall not assign this Agreement without prior written consent" | Prohibits assignment | Verify consent process and time frame |
| "The Borrower shall promptly cure any default upon notice" | Requires cure | Check notice requirements and cure period |
| "The Licensor may seek injunctive relief for breach of confidentiality" | Allows injunction | Confirm scope of confidential information |
Red flags
Red flags to watch for
Wording examples
Clearer wording examples
Vague wording
"May seek injunctive relief"
Clearer wording
"May seek injunctive relief only for breach of confidentiality"
Vague wording
"Without prejudice to any other remedy"
Clearer wording
"In addition to any other remedies available at law or in equity"
Note: “clearer” means easier to read — not legally reviewed or guaranteed safe.
Pre-signature checklist
What to check before signing
1
Identify triggers that could invoke an injunction
2
Confirm the jurisdiction and court that will enforce it
3
Determine the duration (temporary vs. permanent)
4
Verify any cure periods before injunction can be filed
5
Assess monetary limits on damages for contempt
6
Check whether the clause limits your ability to assign or transfer rights
7
Ensure alternative dispute mechanisms are not waived
Party impact
How injunction affects each party
| Party | What this party should check |
|---|---|
| Creditor | Review injunction language to protect collateral |
| Borrower | Understand cure rights before an injunction can be issued |
| Employer | Verify scope of non‑compete injunctions |
| Franchisee | Check limits on brand usage and enforcement |
Comparison
injunction vs similar terms
| Related term | Plain meaning | Main difference from injunction |
|---|---|---|
| Temporary restraining order | Short‑term emergency order | TRO lasts only until a hearing, whereas an injunction can be long‑term |
| Specific performance | Court‑ordered completion of a contract | Specific performance forces performance, injunction forces restraint |
| Damages | Monetary compensation | Damages compensate financially, injunction controls behavior |
Missing or vague
If injunction is missing or vague
If the contract omits clear injunction language, parties may argue over whether a breach triggers equitable relief.
A court might interpret vague terms as allowing any injunction, creating unexpected restraints.
The party facing the injunction could incur costly litigation and contempt penalties.
Without defined triggers, enforcement becomes unpredictable and may stall business operations.
Document map
Document section map
| Contract section | What to inspect |
|---|---|
| Definitions | Look for the definition of "injunctive relief" |
| Covenants | Check any non‑competition or confidentiality clauses |
| Remedies | Verify the hierarchy of remedies and any injunction provisions |
| Termination | See if termination triggers an automatic injunction |
| Dispute Resolution | Identify arbitration clauses that may preclude injunctions |
Visual model
Understand injunction fast
An explainer image has not been generated for this term yet.
01
Landlord files an injunction to stop tenant from subletting without consent, resulting in tenant being barred from the illegal sublease.
02
Borrower obtains an injunction against lender who attempts to foreclose before the notice period expires, forcing the lender to halt the sale.
03
Franchisor seeks an injunction to stop former franchisee from using the brand logo, leading the former franchisee to cease all marketing with that logo.
Document context
How injunction shows up in legal documents
Why does it matter?
Ignoring an injunction can lead to a contempt judgment and monetary penalties, and the violating party bears the risk.
When does it matter?
When a plaintiff shows a likelihood of irreparable harm and the court issues a temporary restraining order, the injunction takes effect immediately.
Where is it usually seen?
Standard in UCC § 2-703 security agreements, in ISDA master agreements, and in federal district court pleadings.
Who is affected?
A plaintiff or creditor gains immediate enforcement power; a defendant or debtor risks contempt and damages if they disobey.
How does it work?
First, the moving party files a motion supported by affidavit. Then the judge evaluates the four-factor test and may issue a temporary restraining order. Within 10 days, a hearing determines whether a preliminary injunction follows, and later a permanent injunction may be entered after trial.
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Wikipedia
External reference for injunction
Open Wikipedia for broader background on injunction.
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Where injunction connects to real contract work
This layer links the term to nearby glossary entries, document use cases, and contract-risk guides so readers can move from definition to context without dead ends.
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Source & disclosure
This page is an AI-assisted plain-English explanation based on LexPredict Legal Dictionary context and contract-review patterns. It is not legal advice. Meaning may vary by jurisdiction, industry, and exact clause wording.
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