Legal remedy
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A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g. the United States), the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy is declaratory relief, where a court determines the rights of the parties to an action without awarding damages or ordering equitable relief.
In English and American jurisprudence, there is a legal maxim that for every right, there is a remedy. That is, lawmakers claim to provide appropriate remedies to protect rights. This legal maxim was first enunciated by William Blackstone: "it is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury it’s [sic] proper redress" 1 William Blackstone, Commentaries on the Laws of England 23. See also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 162-163 (1803)
[edit] Types of Legal Remedies Include
- Damages, which may include:
- Compensatory Damages
- Punitive Damages
- Incidental Damages
- Liquidated Damages
- Nominal Damages
- Coercive relief, such as specific performance or injunctions
- Restitution
- Account of profits
[edit] Categories of Remedies
- Adequate remedy
- Civil remedy
- Cumulative remedy
- Equity (law)
- Equitable remedy
- Extraordinary remedy
- Joiner of remedies
- Provisional remedy
- Remedy over
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