Legal Definitions - legitima remedia

The term legitima remedia is a Latin phrase used in Scots law that translates directly to lawful remedies. It refers to the various legal actions, solutions, or forms of redress that are available through the courts or other authorized legal processes to address a wrong, enforce a right, or resolve a dispute in accordance with the law.

Here are some examples illustrating how legitima remedia might apply:

• Breach of Contract: Imagine a Scottish company, "Caledonian Crafts," contracts with a supplier for a large shipment of materials, but the supplier fails to deliver the goods as agreed, causing Caledonian Crafts significant financial losses. Caledonian Crafts can pursue legitima remedia by initiating a lawsuit against the supplier for breach of contract. The lawful remedy sought here would typically be monetary compensation (damages) to cover the losses incurred due to the supplier's failure to uphold their end of the agreement.

• Property Dispute: Consider a situation where a homeowner in Glasgow discovers that their neighbor has started construction that significantly blocks their natural light and violates local planning regulations. The homeowner can seek legitima remedia by applying to the court for an "interdict" (the Scots law equivalent of an injunction). This lawful remedy would compel the neighbor to halt the offending construction and potentially dismantle any parts that violate the regulations or infringe upon the homeowner's rights, ensuring the dispute is resolved through established legal channels.

• Personal Injury: Suppose an individual is injured due to a hazardous condition in a public park in Edinburgh that the local council failed to address. The injured person can pursue legitima remedia by filing a personal injury claim against the council. The lawful remedies in this case would involve seeking compensation for medical expenses, lost earnings, and pain and suffering resulting from the council's negligence. This action uses the legal system to provide redress for the harm suffered.