Remedies for Breach As noted many pages ago, damages for breach of a non-disclosure agreement are exceedingly difficult to prove. The discloser must be able to go into court and slap a writ against the recipient. You may be entitled to equitable relief even where the non-disclosure agreement is silent on the subject. However, the inclusion of a clause expressly granting the discloser the right to seek, and to obtain, equitable relief would certainly not go amiss. Equitable relief is considered extraordinary relief.
Courts grant it on a discretionary basis.
They will exercise their discretion with considerable restraint. That s code meaning an award of damages will not adequately compensate the discloser for the injuries sustained at the hands of the recipient. When a discloser applies for equitable relief, invariably, the recipient will invoke the following defence. The recipient will say that the discloser does not need equitable relief because an adequate remedy at law exists. Therefore, any clause in the non-disclosure agreement concerning equitable relief would be deficient if it did not include a waiver by the recipient of that defence.