" A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual."
The various methods of resolving disputes and enforcing contracts, including damages, specific performance, and injunctions.
Types of Remedies: There are three main types of remedies available in contract law, namely damages, specific performance, and injunctions. Understanding the characteristics of each type is necessary when starting to learn about remedies.
Compensatory Damages: Compensatory damages are the most common type of damages awarded in contract law. They are intended to cover the actual losses incurred by the non-breaching party due to the breach of contract.
Consequential Damages: Consequential damages, also known as special or indirect damages, are losses that arise as a result of the breach but are not directly related to the contract itself.
Punitive Damages: Punitive damages are awarded to punish the breaching party for their behavior and deter future similar actions.
Liquidated Damages: Liquidated damages are pre-agreed upon damages that parties establish in the contract in case of breach.
Nominal Damages: Nominal damages are a small monetary amount given when there is no actual loss.
Specific Performance: Specific performance is a remedy that requires the breaching party to fulfill the specific terms of the contract.
Injunctions: Injunctions are court orders that prohibit or compel a party to refrain from or perform a certain action.
Rescission: Rescission is a remedy that cancels the contract and restores both parties to their original position.
Restitution: Restitution is a remedy that requires the breaching party to return any property or money received from the non-breaching party.
Mitigation: Mitigation is the duty of the non-breaching party to minimize their losses resulting from the breach.
Limitations on Remedies: Remedies may be limited by statue, contract terms, or public policy considerations.
Equitable Remedies: An equitable remedy takes into consideration the fairness of the situation and the rights and interests of both parties.
Specific Performance vs. Damages: The decision on whether to award specific performance or damages will depend on the circumstances of the case.
Timing of Remedies: The timing of remedies may affect the availability and effectiveness of certain remedies.
Scope of Remedies: The scope of remedies may be limited by the terms of the contract, the law, or the parties’ intentions.
Waiver and Estoppel: The doctrine of waiver and estoppel may prevent a party from seeking certain remedies or defenses.
Remedies in Breach of Warranty: Remedies for breach of warranty may differ from those in breach of contract.
Discharge of Remedies: Remedies may be discharged by various means, such as accord and satisfaction, waiver or release, or frustration of purpose.
Regulating Remedies: Remedies may be regulated by professional codes of conduct, court rules, or statutes.
Specific performance: A legal remedy where the court orders the breaching party to perform their obligations under the contract.
Rescission: A remedy that cancels the contract and puts both parties in their original pre-contractual position.
Restitution: A remedy where the breaching party must return any goods or property they received under the contract.
Damages: A monetary award that compensates the non-breaching party for any losses suffered due to the breach of contract.
Liquidated damages: A contract provision where the parties agree upon a specific amount of damages in the event of a breach.
Punitive damages: An additional form of damages awarded in cases where the breaching party acted with malice or gross negligence.
Reformation: A remedy that changes the terms of the contract to better reflect the parties' original intent.
Injunction: A court order that prohibits a breaching party from taking certain actions or requires them to take specific actions to comply with the contract.
Quantum meruit: A remedy that reimburses a party for work they performed but were not compensated for under the contract.
Specific restitution: A remedy where the court orders the breaching party to return specific goods or property to the non-breaching party.
"The law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance)."
"Declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief."
"The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability."
"In international human rights law, there is a right to an effective remedy."
"The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire, change of venue, change of veniremen, continuance, admonition, sequestration."
"This legal maxim was first enunciated by William Blackstone."
"It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress."
"Legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently."
"The law of remedies distinguishes between a legal remedy and an equitable remedy."
"Declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief."
"The First Amendment of the United States forbids the government from censoring and restraining the freedom of expression. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire..."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: ...change of venue..."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: ...change of veniremen..."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: ...continuance..."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: ...admonition..."
"To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: ...sequestration..."
"That is, lawmakers claim to provide appropriate remedies to protect rights."