Legal Remedy

This term most often refers to the outcome of a lawsuit where the victim or claimant has received compensation, be it in the form of enforced right, penalty, monetary return, or otherwise. Legal remedy is also sometimes referred to as judicial remedy or judicial relief. The law of remedies separates legal remedies from equitable remedies and declaratory remedies. A legal remedy refers to an agreed-upon payment of monetary damages to be paid from the offender to the claimant. The compensation paid in a legal remedy intends to rectify any harm the claimant has incurred from the offence, which could include damage to property and psychological harm. An equitable remedy refers to injunctive relief or the enforcement of a specific action, such as completing an unfinished contract. Non-financial remedies fall under the category of equitable remedies, which come directly from the equitable jurisdiction as defined in the Court of Chancery and Court of Exchequer. Declaratory remedies are the third form of legal remedy. They relate to decisions made by the court itself, rather than any reward or punishment involved with the relevant parties. Examples of declaratory remedies include decisions relating to property ownership, child custody, or the rights of particular contracts. Though these make up the three key types of legal remedy, they can then be broken down further into multiple other forms relevant to each particular case. Examples of legal remedies (or damages) include compensatory, consequential, and punitive. Examples of equitable remedies include injunctions, constructive trust, subrogation, and equitable lien.

 

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