Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.
Secondly, What is the remedy sought in criminal law? Criminal remedies or sanctions against an individual person or legal entity (i.e. a business) can take a range of forms depending on the jurisdiction, which can include imprisonment, house arrest, community supervision, fines, restitution, and community service.
What are the two types of remedies?
There are two general categories of remediesālegal and equitable. In the category of legal remedies are damagesMoney paid by one party to another to satisfy a liability.. Damages are money paid by one party to another; there are several types of damages.
Similarly, What are the 3 remedies at law? Monetary awards (called ādamagesā), specific performance, and restitution are the three principle remedies.
What does remedies mean in a contract?
remedy. n. the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.
What are two different types of relief remedies available in civil cases? The two categories of remedies for breach of contract are legal and equitable. In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.
What is a statutory remedy? Statutory Damages
In certain cases, a statute dictates the amount of damages, rather than the calculation of the harm or loss endured by the plaintiff. The Fair Debt Collection Practices Act would charge up to $1,000 for every violation of its provision, which is an example of statutory damages.
What are tort remedies? In torts, the object behind remedying a party is to take the aggrieved party back to the status or position that they were enjoying before the occurrence of tort. It is not to punish the defendant, as in crime. Remedies can be judicial and extrajudicial.
What is a personal remedy?
A proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie a damages claim for money).
What remedies include specific performance? The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the …
What are the 4 main types of damages?
12.11 There are four types of damages that may be awarded in a tort action: nominal damages, compensatory damages, aggravated damages and exemplary or punitive damages.
What quantum meruit means? Procedurally, quantum meruit is the name of a legal action brought to recover compensation for work done and labour performed “where no price has been agreed.”1 The term literally means “as much as is deserved“2 and often can be seen as the legal form of equitable compensation or restitution.
What is the most common legal remedy?
Remedies in Law
Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.
What does remedies mean in legal terms?
A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit.
What are remedies in equity? Equitable remedies are actions that the court prescribes which will serve to resolve the breach or dispute. Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing.
What is remedy tort? In torts, the object behind remedying a party is to take the aggrieved party back to the status or position that they were enjoying before the occurrence of tort. It is not to punish the defendant, as in crime. Remedies can be judicial and extrajudicial.
What is the difference between relief and damages?
Difference Between Damages and Injunctive Relief
In brief, damages are usually awarded in the form of money, whereas injunctive relief is in the form of a court order to stope someone from doing something.
What is the difference between relief and remedy in law? Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as a relief for failure to carry out the terms of the contract.
What is the difference between actual and statutory damages?
In addition, statutory damages differ from compensatory or actual damages, which aim to reimburse one party for a breach or a violation of the law. To receive actual damages, the plaintiff must give proof of lost revenue. The amount a plaintiff receives in statutory damages can be larger than the real financial loss.
What remedies are available at common law? The two key types of remedies generally available for breach of contract are damages and specific performance. The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money.
What does it mean to have no adequate remedy at law?
The parties declare that it is impossible to measure in money the damages which will accrue to either party by reason of a failure to perform any of the obligations under this Agreement and therefore injunctive relief is appropriate.
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