Re: [Czechlist] to post bond....
- Michael, this is really useful. Thank you!
On Dec 28, 2010, at 9:32 PM, Michael A. Trittipo wrote:
> On 12/28/2010 4:17 PM, James Kirchner wrote:
> > They don't need to pay "kauce" to prevent themselves from violating
> > clause 9.
> On Dec 28, 2010, at 5:13 PM, Pilucha, Jiri wrote:
> >> Would you please explain to me in plain language the last part: **
> >> xxx ** The Parties hereby acknowledge that damages may not be an
> >> adequate remedy for any breach of this clause 9 and that either
> >> Party will therefore be entitled to apply for injunctive relief
> >> from any court of competent jurisdiction **without the requirement
> >> to post bond to restrain any breach or threatened breach of this
> >> clause 9**
> More accurately, neither needs to pay for a kauce _TO GET AN INJUNCTION
> AGAINST THE OTHER_ when it claims that the OTHER IS violating clause 9.
> The ordinary rule in most American courts is that someone who wants an
> injunction has to put up a guarantee (buy a bond) to pay any damages
> that the person who is enjoined may suffer if the injunction turns out
> to have issued wrongfully. That's Rule 65 in most jurisdictions, like
> http://www.law.cornell.edu/rules/frcp/Rule65.htm, part (c).
> Jiri, the sentence's logic may be more clear if re-ordered to put the
> "to restrain ... clause 9" BEFORE the word "without" and after the word
> "relief" as follows (and slightly abridged for clarity):
> "Either Party [can] apply for injunctive relief to restrain any breach
> or threatened breach of this clause 9, without having to post bond in
> order to get the injunction."
> I'd rephrase Jamie's explanation in typewriter-redlining form as
> > <+Neither+> <-They don't-> need<+s+> to pay "kauce" to <+get a court
> > order to+> prevent <-themselves-> <+the other+> from violating . . ..
> Yours having obtained (and prevented the obtaining of) many, many
> injunctions from state and federal courts, sometimes having to pay for
> an injunction bond, sometimes not having had to.
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