{"id":11648,"date":"2017-12-28T00:25:08","date_gmt":"2017-12-28T00:25:08","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11648"},"modified":"2018-06-30T21:33:04","modified_gmt":"2018-06-30T21:33:04","slug":"remedy-the-means-of-enforcing-a-right-or-preventing-or-redressing-an-injury-legal-monetary-or-equitable-non-monetary-relief","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11648","title":{"rendered":"remedy – the means of enforcing a right or preventing or redressing an injury; legal (monetary) or equitable (non-monetary) relief"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 3:<\/a> Are you seeking damages, injunctive relief, or both? <\/em><\/a>>>>> Legal Terms pertaining to<\/a> Types of Remedies<\/em><\/a>:<\/strong><\/span><\/p>\n

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remedy<\/span>:<\/span><\/span>
\n<\/strong>n<\/em>. (13c)<\/span><\/span><\/p>\n

1. The means of enforcing a right or preventing or redressing a wrong; legal or\u00a0<\/strong>equitable relief.<\/strong> \u2014 aka<\/span>\u00a0civil remedy<\/em><\/strong><\/span>. \u00a0<\/span><\/span><\/p>\n

2. REMEDIAL ACTION.\u00a0 <\/strong><\/span><\/p>\n

3. A right by which\u00a0<\/strong>an aggrieved party may seek relief without resort to a tribunal.<\/strong>\u00a0\u2014 aka (in senses 1 & 2)<\/span> law of remedy<\/em><\/strong><\/span>. \u2014 remedy<\/strong><\/span>, vb<\/em>.<\/span><\/span><\/p>\n

1. The means employed to enforce a right or redress an injury.\u00a0<\/span>\u00a0 Paulsen v Reinecke<\/em>, 181 La 917, 160 So 629, 97 ALR 1184<\/span>.<\/span><\/strong><\/span><\/p>\n

The means or method whereby a cause of action or corresponding obligation is effectuated ad by which a wrong is redressed and relief obtained.<\/span>\u00a0 Jewett v City Transfer & Storage Co<\/em>. 129 Cal App 556, 18 P2d 351<\/span>.<\/span><\/strong><\/span><\/p>\n

The appropriate legal form of relief by which a remediable right may be enforced.<\/span>\u00a0 Ebner v Haverty Furniture Co<\/em>. 138 SC 74, 78 136 SE 19<\/span>.<\/span><\/strong><\/span><\/p>\n

Any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.<\/span>\u00a0 UCC \u00a7 1-201(34)<\/a>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

1. The means by which a right is enforced, an injury is redressed, and relief is obtained.\u00a0 EXAMPLES:<\/span> damages<\/a>; an injunction<\/a>;<\/span> habeas corpus<\/a>.\u00a0 <\/span><\/em>See adequate remedy at law; administrative remedy; extraordinary remedies; inadequate remedy at law; legal remedy; provisional remedy.<\/span><\/strong><\/span><\/p>\n

verb: 1. To redress; to make right; to correct; to rectify. <\/strong><\/span><\/p>\n

2. To<\/span> compensate<\/a>; to indemnify; to make whole.<\/span><\/strong> [3]<\/span><\/span><\/p>\n

\u00a0 \u00a0\u00a0 Excerpt from Douglas Laycock’s<\/span>\u00a0Modern American Remedies<\/a><\/em>\u00a0(2010):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201c<\/span>A remedy is anything a court can do for a<\/span> litigant<\/a> who has\u00a0been wronged or is about to be wronged.\u00a0 The two most common\u00a0<\/span><\/strong>remedies are judgments that plaintiffs are entitled to collect sums\u00a0<\/strong><\/span>of money from defendants (<\/span>damages<\/a>) and<\/span> orders<\/a> to defendants to\u00a0<\/span><\/strong>refrain from their wrongful conduct or to undo its consequences\u00a0<\/strong><\/span>(<\/span>injunctions<\/a>).\u00a0 The court decides whether the litigant has been\u00a0<\/span><\/strong>wronged under the substantive law that governs primary rights &\u00a0<\/strong>duties; it conducts its inquiry in accordance with the procedural\u00a0<\/strong>law, & sometimes their details blur into procedure. For long\u00a0<\/strong><\/span>periods in our past, remedies were casually equated with\u00a0procedure.<\/span>\u201d <\/span><\/strong>[4]<\/span><\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

remediable<\/span> –<\/strong> adj<\/em>. (15c) Capable of being remedied, especially by law<\/strong> <remediable wrongs>.<\/strong> \u2014 remediability<\/strong><\/em><\/span>, n<\/em>.<\/span><\/p>\n

remedial <\/span>–<\/strong> adj<\/em>. (17c) 1. Affording or providing a remedy; providing the means of obtaining redress<\/strong> <a remedial action>.\u00a0 2. Intended to correct, remove, or lessen a wrong, fault or defect<\/strong> <a remedial statute>.\u00a0 3. Of, relating to, or involving a means of enforcing an existing substantive right<\/strong> <a remedial right>.<\/strong><\/span><\/p>\n

Various Types of Remedies:<\/span><\/strong><\/span><\/p>\n

adequate remedy at law<\/span> –<\/strong> (18c) A legal remedy (such as an award of damages) that provides sufficient relief to the petitioning party, thus preventing the party from obtaining equitable relief.\u00a0<\/strong> See IRREPARABLE INJURY RULE.<\/span><\/p>\n

administrative remedy<\/span><\/a> – a nonjudicial remedy provided by an administrative agency (if an administrative remedy is available, it must be exhausted before a court will hear the case).<\/strong>
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