18:49
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LSDefine
Simple English definitions for legal terms
adequate remedy
Read a random definition: si deprehendatur
A quick definition of adequate remedy:
An adequate remedy is a solution that completely fixes a problem and is appropriate for the situation. It should be practical, efficient, and fair. If there is already a good enough remedy available, like paying money, then a court won't give an injunction. For example, if someone breaks a contract, the court will usually just make them pay money instead of forcing them to do what they promised. But if the contract was for something unique, like a piece of art, the court might make them do what they promised instead. In property law, it's usually not enough to just pay money if someone breaks a promise to sell real estate because each piece of property is unique. And if someone's rights are violated, an adequate remedy should at least give them a chance to go to court and tell their side of the story. In administrative law, an adequate remedy depends on whether there's a law that lets someone sue or appeal a decision.
A more thorough explanation:
An adequate remedy is a solution that completely resolves a specific issue and is appropriate for the situation. It is a remedy that is practical, efficient, and equitable. If an adequate remedy is available, typically in the form of monetary damages, a court will not grant an injunction.
- In a breach of contract case, an adequate remedy would be to compensate the harmed party with monetary damages that would put them in the same economic position they would have been in had no breach occurred. Therefore, a court will not grant specific performance of the contract unless the contract involved unique goods like artwork.
- In property law, damages are not considered an adequate remedy for a breach of an agreement to convey real property because real property is assumed to be unique. In this case, the court may grant specific performance of the contract.
- In administrative law, an adequate remedy is evaluated by whether a statute provides an independent cause of action or an alternative review procedure for final agency action under the Administrative Procedure Act (APA).
These examples illustrate how an adequate remedy is determined based on the specific circumstances of the case and what would be the most practical and efficient solution to resolve the issue at hand.