substitutional remedy – wherein the plaintiff receives a sum of money when the very thing that was lost cannot be returned

     This page is continued from Civil Law Self-Help >>>> Section 3: Which form(s) of relief are you seeking to help remedy the situation? >>>> Remedies >>>> Judicial Remedies:

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substitutional remedy:
(1987)

1. A remedy intended to give the promisee something. as a replacement for the promised performance or to give the plaintiff something in lieu of preventing or repairing an injury.  *  A court awards a substitutional remedy by ordering a defaulting seller of goods to pay the buyer damages (as opposed to delivering the promised goods). — aka substitutionary remedy.

     Excerpt from Douglas Laycock, The Death of the Irreparable Injury Rule 13 (1991):

     “With substitutionary remedies, plaintiff suffers harm and receives a sum of money.  Specific remedies seek to avoid this exchange.  They seek to prevent harm, or undo it, rather than let it happen and compensate for it. . . . [Money damages] are substitutionary both in the sense that the sum of money is substituted for plaintiff’s original entitlement, and in the less obvious sense that the fact finder’s valuation of the loss is substituted for plaintiff’s valuation.  Specific relief seeks to avoid both these substitutions, giving plaintiff the very thing he lost if that is what he wants. [2]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Douglas Laycock, The Death of the Irreparable Injury Rule 13 (1991).

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