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remedies meaning in law


The overriding aim of an award of damages arising from a breach of contractis to put the innocent party, so far as money can do it, in the position he would have been in had the contract been pr… This kind of damages is ordinarily known as The remedy of restitution is designed to restore the plaintiff to the position he or she occupied before his or her rights were violated.

The doctrine was originally created by case law based on the principles of comity. Adam Colgate Synonyms: solution, relief, … remedy n. the means to achieve justice in any matter in which legal rights are involved. Remedies fall into three general categories: Remedies fall into three general categories: Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitutionary measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, ‘The common law remedy for breach of contract is damages.’ ‘The common law remedy sought by the petitioner is not excluded by the Family Law Act.’ ‘He submitted that the common law remedy of damages, however, would be obtainable.’ ‘As a remedy for the violation, the courts ordered that gays and lesbians be given the right to marry.’ Being a Savvy Investor AND a Small Business Owner A "provisional remedy," is a temporary solution to hold matters in status quo pending a final decision or an attempt to see if the remedy will work. This is an infringement of a party’s rights and it is treatable by law. The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. In view of the importance given to the intention of the parties in forming and interpreting contracts, it may seem surprising that the remedy for every breach is not a judicial order that the obligor carry out his undertakings. An equitable remedy is one in which a recovery of money would be an inadequate form of relief.Courts design equitable remedies to do justice in specific situations where money does not provide complete relief to individuals who have been injured. The means employed to enforce a right or redress an injury. Some remedies require that certain acts be performed or prohibited (originally called "equity"), others involve payment of money to cover loss due to injury or breach of contract, and still others require a court's declaration of the rights of the parties and an order to honor them. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law. An "extraordinary remedy" is a means employed by a judge to meet particular problems, such as appointment of a referee, master or receiver to investigate, report or take charge of property. The remedy of restitution can result in either a pecuniary recovery or in the recovery of property.Coercive remedies are orders by the court to force the defendant to do, or to refrain from doing, something to the plaintiff. Definition of legal remedy: The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. Some types of provisional remedies are injunction, receivership, arrest, attachment, and n. the means to achieve justice in any matter in which legal rights are involved. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. The law of remedies is concerned with the character and extent of relief to which an individual who has brought a legal action is entitled once the appropriate court procedure has been followed, and the individual has established that he or she has a substantive right that has been infringed by the defendant.Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies.The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered. Learn more. legal remedy definition: a way of using the legal system to make sure that someone's rights are not taken away from them: .

Similarly, a … It is the temporary process available to the plaintiff in a civil action that protects him or her against loss, irreparable injury, or dissipation of the property while the action is pending. It is ordinarily measured by the defendant's gains, as opposed to the plaintiff's losses, in order to prevent the defendant from being unjustly enriched by the wrong. The laws of remedies will … Restitution is regarded as either a legal or equitable remedy, depending upon the nature of the property restored.The distinction between legal and equitable remedies originally came about because courts of law only had the power to grant legal remedies, whereas courts of Sometimes a plaintiff might have both legal and equitable remedies available for the redress of personal grievances.

This kind of damages is ordinarily known as The remedy of restitution is designed to restore the plaintiff to the position he or she occupied before his or her rights were violated. In short, damages are an award of money to compensate the innocent or aggrieved party for any breach or wrongdoing. The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.

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remedies meaning in law