Legal Definitions - extraordinary remedy

An extraordinary remedy refers to a type of legal relief that a court grants only in very specific, unusual circumstances when conventional remedies, such as monetary compensation (damages), are inadequate or unavailable. These remedies are considered "extraordinary" because they deviate from the standard course of legal action and often involve the court compelling a party to perform a specific action or to stop a particular action, rather than simply paying money. Courts are generally reluctant to grant these remedies and require a high standard of proof, often demonstrating that irreparable harm would occur without immediate intervention.

Here are some examples illustrating an extraordinary remedy:

• Example 1: Preventing Irreparable Harm

  Imagine a situation where a pharmaceutical company has developed a groundbreaking new drug, but a former employee, who signed a strict non-disclosure agreement, is about to publish confidential research data that would allow competitors to replicate the drug before it even hits the market. If the data is published, the company would suffer immense, unquantifiable financial losses and a loss of competitive advantage that money alone could not fix. In this scenario, the company could seek an injunction, which is an extraordinary remedy. The court would order the former employee to immediately cease and desist from publishing the confidential information. This is extraordinary because it compels a specific action (or inaction) to prevent future harm, rather than just compensating for past damages.

• Example 2: Compelling Official Duty

  Consider a small business owner who has submitted all necessary paperwork and met all requirements for a critical operating license from a local government agency. Despite repeated attempts, the agency has arbitrarily refused to process the application for months without any legal justification, effectively preventing the business from opening and earning revenue. While the business owner could sue for lost profits, the primary issue is the agency's refusal to perform its legal duty. The business owner might seek a writ of mandamus, an extraordinary remedy that would compel the government agency to perform its non-discretionary duty and process the license application. This remedy is extraordinary because it forces a public official or body to act in a specific way, rather than just awarding money for their inaction.

• Example 3: Unique Property Transaction

  Suppose a collector contracts to purchase a rare, one-of-a-kind antique manuscript from a private seller for a significant sum. Before the transaction is complete, the seller decides they no longer want to part with the manuscript and refuses to deliver it. Monetary damages would not adequately compensate the buyer because the manuscript is unique and irreplaceable; no amount of money could buy another identical item. In this case, the buyer could seek an extraordinary remedy called specific performance. The court would order the seller to fulfill the terms of the contract and deliver the specific manuscript to the buyer. This is extraordinary because it forces a party to complete a specific action as agreed, rather than allowing them to breach the contract and simply pay damages.