An adequate remedy or adequate remedy at law is part of a legal remedy (either court-ordered or negotiated between the litigants) which the court deems...
18 KB (2,221 words) - 16:11, 13 May 2025
equitable remedies will not normally be granted where damages would be an adequate remedy. The most important limitation relating to equitable remedies is that...
8 KB (1,041 words) - 09:38, 8 May 2024
remedies Adequate remedy Civil remedy Cumulative remedy Civil and political rights Election of remedies Equity Equitable remedy Extraordinary remedy Habeas...
21 KB (3,254 words) - 20:53, 29 December 2024
Habeas corpus (section Equivalent remedies)
is no other adequate remedy. However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy (see May v...
76 KB (9,351 words) - 14:03, 11 May 2025
Specific performance (category Judicial remedies)
the circumstances. Such orders are granted when damages are not an adequate remedy and in some specific cases such as land (which is regarded as unique)...
16 KB (2,080 words) - 23:57, 3 December 2024
declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable...
12 KB (1,602 words) - 02:42, 30 April 2025
American Cyanamid Co v Ethicon Ltd (category English remedy case law)
Whether damages were an adequate remedy for the claimant if an injunction was not granted. If damages would not be an adequate remedy, whether the claimant...
5 KB (571 words) - 04:48, 3 October 2024
Restitution and unjust enrichment (section Remedies for unjust enrichment: personal and proprietary restitution)
contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability...
36 KB (4,806 words) - 21:26, 5 May 2025
for specific performance, which is an equitable remedy that requires the buyer have no adequate remedy at law. If the buyer is able to buy elsewhere and...
2 KB (308 words) - 22:24, 26 August 2024
Punitive damages (category Judicial remedies)
are often awarded if compensatory damages are deemed to be an inadequate remedy by themselves. The court may impose them to prevent undercompensation of...
23 KB (3,306 words) - 11:37, 18 January 2025
Tracing (law) (category Judicial remedies)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons...
9 KB (1,339 words) - 03:40, 3 January 2025
Rectification (law) (category Judicial remedies)
a remedy whereby a court orders a change in a written document to reflect what it ought to have said in the first place. It is an equitable remedy, and...
4 KB (521 words) - 11:25, 12 September 2024
Damages (category Judicial remedies)
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award,...
32 KB (4,213 words) - 17:42, 16 January 2025
Distress damage feasant (category Judicial remedies)
Distress damage feasant is a common law self-help legal remedy whereby a person who is in possession of land may impound a chattel which is wrongfully...
3 KB (335 words) - 01:30, 13 December 2023
Breach of contract (section Right to remedy a breach)
the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case. Suppose a homeowner...
30 KB (4,427 words) - 17:30, 20 February 2025
Injunction (category Judicial remedies)
requirement that an injunction can be given only when there is "no adequate remedy at law.") Injunctions are intended to make whole again someone whose...
28 KB (3,362 words) - 02:25, 30 April 2025
2) to provide 'a remedy where state law was inadequate'; and 3) to provide 'a federal remedy where the state remedy, though adequate in theory, was not...
40 KB (4,555 words) - 21:32, 24 April 2025
commercial property development, partly because compensation was not an adequate remedy. One consequence of this is that many developers now look to work with...
10 KB (1,216 words) - 12:26, 8 February 2025
costs for the plaintiffs and the arbitration agreement not being an adequate remedy for litigation. In January 2023, a federal court in Delaware recommended...
61 KB (6,955 words) - 23:24, 28 March 2025
availed of only if "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law."[j] However, notwithstanding the grant...
82 KB (7,685 words) - 08:54, 27 April 2025
Canadian contract law (section Remedies)
an adequate remedy for a breach of contract, they may provide for specific performance or an injunction. Specific performance is an equitable remedy whereby...
124 KB (16,697 words) - 15:33, 29 April 2025
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur. Under United States law, FRCP...
2 KB (234 words) - 21:26, 18 January 2022
Consequential damages (category Judicial remedies)
that arise in contract law. When a contract is breached, the recognized remedy for an owner is recovery of damages that result directly from the breach...
6 KB (769 words) - 10:59, 24 February 2024
Treble damages (category Judicial remedies)
(1987) (U.S. Supreme Court): Both RICO and the Clayton Act are designed to remedy economic injury by providing for the recovery of treble damages, costs,...
3 KB (510 words) - 17:37, 30 September 2023
Code provides that the Court shall not hear any matters for which an adequate remedy exists at law or which can be heard by any other Delaware court. As...
21 KB (1,819 words) - 18:36, 16 April 2025
Coram nobis (section History of post-conviction remedies available to former federal prisoners from 1789 to 1954)
unusual situation in which no adequate remedy is provided by law. Moreover, when habeas corpus affords a proper and complete remedy the writ of coram nobis...
164 KB (21,468 words) - 17:03, 2 May 2025
breach of a contract for the sale of real property, there is never an adequate remedy at law, since it may be presumed that the buyer has considered the...
2 KB (151 words) - 17:30, 8 August 2024
necessary that the Colonization Society should be or claim to be an adequate remedy for slavery. Her great and primary object, is the emancipation of Africa...
79 KB (8,541 words) - 00:04, 14 May 2025
there is "no adequate remedy at law"; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury...
49 KB (6,074 words) - 13:38, 13 April 2025
an injunction was inappropriate because the railroads could get an adequate remedy by testing the statute in the courts. The Court noted that the railroads...
9 KB (1,139 words) - 15:08, 17 April 2025