Question: What Is A Legal Remedy Example?

What is an example of an equitable remedy?

Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft.

A common form of equitable relief is the canceling of a contract, which ends all terms and obligations, allowing both parties to return to their pre-contract status..

What is the most common remedy for a breach of contract?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.

What are the two main remedies in civil cases?

Unlike criminal law, which seeks to punish offenders, civil law provides remedies such as damages (compensation) and injunctions (court orders preventing certain types of behaviour) to restore injured parties, as humanly possible, to their original position prior to the wrongdoing of the defendant.

What is a decree of specific performance?

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. … Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate.

What is equitable claim?

Equitable Claims A court awards an injunction to prevent a future harmful action — rather than to compensate for a past injury — or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate.

How many types of damages are there?

two typesGenerally, there are two types of damages: compensatory and punitive. (The term “damages” typically includes both categories, but the term, “actual damages” is synonymous with compensatory damages, and excludes punitive damages.)

However, unjust enrichment is not a cause of action. It merely provides a “unifying legal concept”, as Deane J described it in Pavey. The causes of action that respond with a restitutionary remedy include: money had and received, being money paid (to the defendant):

There are three types of equitable remedies: specific performance, injunction, and restitution.Specific Performance. Specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract. … Injunction. … Restitution.

What does remedy mean?

something that cures or relieves a disease or bodily disorder; a healing medicine, application, or treatment. something that corrects or removes an evil of any kind. Law. legal redress; the legal means of enforcing a right or redressing a wrong.

judicial reliefA 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 …

What are the three remedies at law?

Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.

What is the law of equity?

A legal definition from the Oxford dictionary describes equity as ‘a branch of law that developed alongside common law and is concerned with fairness and justice, formerly administered in special courts’.

What are the 3 types of damages?

The three types of damages that form the foundation of most civil lawsuits are compensatory, nominal, and punitive.

What is a remedy in civil law?

Civil remedies are procedures and sanctions, specified by civil stat- utes and regulations, used to prevent or reduce criminal problems and incivilities. Civil remedies generally aim to persuade or coerce non- offending third parties to take responsibility and action to prevent or end criminal or nuisance behavior.

Thus, the rule that emerged was that legal claims must be tried before equitable ones and before a jury if the litigant so wished. In Ross v. Bernhard, 48 the Court further held that the right to a jury trial depends on the nature of the issue to be tried rather than the procedural framework in which it is raised.

What is the difference between damages and compensation?

Damages are awarded for suffering injury while compensation stands on a higher footing. Compensation aims to place the injured party back in a position as if the injury has not taken place by way of pecuniary relief for the caused injury.

Legal remedies are ones that allow the party not in breach to recover money, whereas equitable remedies involve resolution through non-monetary solutions. Equitable remedies are actions rather than a financial award.

What are the five remedies for breach of contract?

The five types of remedies for breach of contract are:Money damages;Restitution;Rescission;Reformation; and.Specific Performance.