Adequate remedy

From Wikipedia, the free encyclopedia

Judicial remedies

Legal remedies (Damages)

Compensatory damages Punitive damages Incidental damages Consequential damages Liquidated damages Reliance damages Nominal damages Treble damages

Equitable remedies

Specific performance Account of profits Constructive trust Injunction · Restitution Rescission · Rectification Tracing · Declaratory relief

Related issues

Adequate remedy Election of remedies Provisional remedy

v • d • e

An adequate remedy or adequate remedy at law is a legal remedy (either court-ordered or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy.^[1][2][3]

This consideration expresses to the court whether money should be awarded or a court order should be decreed.^[4] Whether legal damages or equitable relief are requested depends largely on if the remedy can be valued. As an operation of law, an attorney often must present to the court whether there is an adequate remedy. This would be a basic principle of equity.^[3][5]

For example, a neighbor building on another's parcel would have little or no value that can be paid because land is unique, and an inadequate value could be ascertained. Vis-à-vis considerations with a neighbor borrowing your car and being 100% at fault for an accident. In the latter case, the valuation of the car plus other consequentially caused damages can be reasonably valuated.

Therefore, as a general rule, where the fair market value can readily be assessed, with certain carved exceptions, the remedy at law is damages (or money). Whereas, the "inadequacy" of a remedy at law leads a lawyer usually to seek equitable relief from the court. When damages, a monetary award, is not an adequate or appropriate remedy, equity can order a "specific performance", an order of the court requiring a party to perform the obligations that he or she undertook to perform under the contract. Especially where what was to be exchanged under contract can not be found easerly elsewhere or at all, such as antiques, parcels of land, etc.

There is no such claim as an adequate relief claim. Damages are often bifurcated or determined in a separate trial or as a part in parcel of different determination from whether a certain tort or contract (etc.) has occurred.

[edit] References

v • d • e Articles of the Universal Declaration of Human Rights   General principles Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights   International Covenant on Civil and Political Rights Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage   International Covenant on Economic, Social and Cultural Rights Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property   Context, limitations and duties Article 28: Social order · Article 29.1: Social responsibility  · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. Category:Human rights · Human rights portal

v • d • e Particular human rights Civil and political Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life Economic, social and cultural Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return Reproductive Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting War and conflict Civilian · Combatant · Freedom from genocide · Prisoner of war Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.