Legal Remedy
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A Legal Remedy is a legal action or solution provided by a court to enforce a right, impose a penalty, or make another court order to impose its will.
- Context:
- It can (typically) be sought by a party that has suffered harm or loss due to another party's actions or breach.
- It can (often) include monetary damages, specific performance, injunctions, or restitution.
- It can range from being a Compensatory Remedy to being a Punitive Remedy.
- It can be based on various grounds such as contract law, tort law, or equity.
- It can be awarded in both civil and criminal cases, although more common in civil law.
- It can be subject to legal standards and judicial discretion.
- It can involve procedures like filing a lawsuit, going to trial, or reaching a settlement.
- It can serve to restore the injured party to the position they were in before the harm occurred.
- ...
- Example(s):
- Compensatory Damages awarded in a personal injury lawsuit.
- Specific Performance ordered in a real estate contract dispute.
- Injunction granted to prevent ongoing harm or violation of rights.
- Restitution required in a case of unjust enrichment.
- Contractual Penalty ...
- ...
- Counter-Example(s):
- Alternative Dispute Resolution methods like mediation and arbitration, which seek to resolve disputes without court intervention.
- Voluntary Agreements between parties to remedy a situation without legal proceedings.
- Non-Legal Remedies, such as community service or public apology, which are not enforced by courts.
- See: Contractual Penalty, Monetary Damages, Injunction, Specific Performance, Restitution, Breach of Contract, Equity (law), Tort Law, Civil Procedure