Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. It only takes a minute to sign up.
Sign up to join this community
If a Non-disclosure agreement is silent on whether injunctive relief or money compensation is agreed as a result of breach of agreement, are injunctive relief and money compensation still applicable remedies neither party waived the right to receive?
Do the parties have to sign a contract mentioning injunctive relief for the non-breaching party to obtain injunctive relief, or is money compensation and injunctive relief always obtained as long as a non-disclosing agreement signed?
Are those getting injunctive relief guaranteed compensation for violating a non-disclosure agreement (NDA)?
No, unless the NDA has a legally valid liquidated damages agreement, and even then only in the event of a final, and not merely a preliminary injuncction.
Do the parties have to sign a contract mentioning injunctive relief for the non-breaching party to obtain injunctive relief, or is money compensation and injunctive relief always obtained as long as a non-disclosing agreement signed?
While it is better practice for an NDA to mention injunctive relief, it isn't absolutely necessary for the non-breaching party to obtain injunctive relief.
Money compensation is not necessarily available even if injunctive relief is available.
