what does tis mean in plain english? the extent to the loss of which cannot be accurately?

Question

this Agreement are of a special and unique nature, given the extent to the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach or threatened breach of the provisions of this Agreement, ____ shall be entitled to an injunction restraining

Answer 1

a) we might benefit from more background about the context... This sure looks like the gibberish dialect of legalese, but knowing more about what's dealt with might help.

b) In the current state of the question, I'd say it insists on the fact that this agreement (read contract) is special, that in case one party reneges, the damages suffered by the other will be of a nature that money damages can't properly repair, so the party whose reneging is feared is entitling the other to put an injunction on him...

Sounds like more gibberish? Unless I know more about what is being dealt with, that's the most accurate translation into plain English I can give. Yeah, legalese really is its own dialect in more ways than one. You need the special words even to talk about it.

Answer 2

This is a contract.

Contracts usually give a remedy at law, which means that if one party breaches, the other gets money.

This provision says that the other party doesn't get money, but gets the court to enforce the contract, either by making one party perform, or by making a party refrain from doing something.

For instance
You pay someone $200 to mow your lawn for 2 months. The guy only mows it for a week and then stops. An injunction would force the guy to mow your lawn, and a remedy at law would get your money back + any damages you had suffered from reliance on the contract + other expenses. A court will rarely grant an injunction when money will do. In the lawn mower example, there isn't a court out there that can force someone to perform such a contract.

If this was the sale of land or a unique painting, it would be a different story.

a threatened beach is usually enough to breach the contract, but not always. Sometimes a party may threaten to breach, then actually perform. When the threatened party alters his/her position in response to the threat, this is duress and the threatened party can sue. Otherwise, the threatening party can retract the threat and perform without anything bad happening.
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Another possible remedy for when damages cannot be measured with certainty is to have what is known as a liquidated damages clause. In this case, the parties agree to a specific dollar amount for damages ahead of time. Courts uphold these as long as the amount is "reasonable".

Answer 3

It's saying that if you breach the agreement, the injury to them will be a kind of injury that cannot be compensated by any amount of money, so they would file a restraining order or injunction to make you stop doing whatever your doing to breach the contract.

Yes, please, talk to a lawyer.

Answer 4

Because you've not put the entire wording in your question I can only give you my best opinion...but this is what is essentially being stated:

That the loss as described in this case is SO GREAT...that there is no monetary compensation that the court would LIKE to award that would equal a fair compensation to the injured party.

In other words...it sounds like the judge wanted to give the victim more money but knew such an amount was not possible.

Hope this helps...best wishes!

Answer 5

I'm no lawyer. I'm not giving you advice. This is my best guess. Consult an Attorney before signing any legal document.

You didn't provide the complete wording but: Whatever you're talking about is unique enough that a court award couldn't replace their loss after the fact.

Answer 6

You would have to post the rest of it, but this is what's called a restraint clause.
Somebody is probably asking you to sign an employment or agency contract where you will be provided with customer lists or other proprietary data they don't want you to steal.
You are being asked to punish yourself for an action you haven't taken yet. I would be very hesitant to do business with anyone asking you to limit or waive your future rights.

Answer 7

Seems like the agreements there to stop you (whoever) recovering anything from the said loss.

Answer 8

Consult your lawyer before signing would be my suggestion.

Answer 9

This