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Legal Definitions - legal remedy
Definition of legal remedy
A legal remedy refers to the means by which a court enforces a right, redresses a wrong, or compensates for an injury. It is the specific action or relief that the legal system provides to a party who has suffered harm or whose rights have been violated. Legal remedies are typically sought by filing a lawsuit and are designed to restore the injured party to their original position, prevent future harm, or punish wrongdoing.
Here are some examples illustrating legal remedies:
Breach of Contract: Imagine a small business owner hires a marketing firm to design and launch a new advertising campaign by a specific date. The firm fails to deliver the campaign on time, causing the business owner to miss out on a crucial sales period and lose significant revenue.
In this situation, the business owner could seek a legal remedy of monetary damages from the court. The court might order the marketing firm to pay a sum of money to compensate the business owner for the lost profits and any additional expenses incurred due to the firm's failure to uphold its contractual obligations. This financial compensation is a legal remedy because it's a court-ordered solution to address the harm caused by the breach of contract.
Property Dispute: Consider a situation where a homeowner discovers that their neighbor has started constructing a new shed that extends several feet onto their property line, despite clear property markers.
The homeowner could seek a legal remedy known as an injunction. A court could issue an order compelling the neighbor to stop construction immediately and remove the encroaching part of the shed. This injunction is a legal remedy because it is a court order that prevents a party from continuing an action that violates another's rights, thereby protecting the homeowner's property boundaries.
Personal Injury: Suppose a pedestrian is severely injured after being struck by a car whose driver was texting and driving, resulting in extensive medical bills, lost wages from being unable to work, and significant pain and suffering.
The pedestrian could pursue a legal remedy of compensatory damages. A court might award a sum of money to cover the medical expenses, lost income, and non-economic losses like pain and suffering. This award is a legal remedy because it is a court-mandated financial compensation intended to make the injured party "whole" again, as much as money can, after suffering harm due to another's negligence.
Simple Definition
A legal remedy is the means by which a court enforces a right or redresses a wrong, typically granted to an injured party. It is the relief or compensation provided to make up for a loss, injury, or to prevent a future harm.