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LSDefine
Simple English definitions for legal terms
law of remedy
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A quick definition of law of remedy:
The law of remedy refers to the ways in which a person can get help from a court when they have been wronged or are about to be wronged. This can include things like getting money from someone who has caused harm, or making them stop doing something wrong. There are different types of remedies, such as legal remedies that are available in a court of law, or equitable remedies that are non-monetary and obtained when legal remedies are not enough. Some remedies are temporary, while others are permanent. It is important to understand the different types of remedies available in order to seek the appropriate help from a court.
A more thorough explanation:
The law of remedy refers to the means of enforcing a right or preventing or redressing a wrong through legal or equitable relief. It is the actions that a court can take to help someone who has been wronged or is about to be wronged.
For example, if someone breaches a contract, the law of remedy allows the other party to seek compensation for the damages caused by the breach. This compensation can be in the form of monetary damages or specific performance, which is when the court orders the breaching party to fulfill their contractual obligations.
There are different types of remedies available, such as:
- Legal remedy: a remedy historically available in a court of law, such as monetary damages.
- Equitable remedy: a non-monetary remedy, such as an injunction or specific performance, obtained when legal remedies cannot adequately redress the injury.
- Provisional remedy: a temporary remedy awarded before judgment and pending the action's disposition, such as a temporary restraining order or an attachment.
It is important to note that some remedies require the exhaustion of administrative remedies before a court will hear the case. Additionally, some remedies are only available in certain circumstances, such as extraordinary remedies that are not available unless necessary to preserve a right that cannot be protected by a standard legal or equitable remedy.