Are damages a remedy at law?

Asked by: Philip Bayer  |  Last update: September 3, 2022
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Because of their historical origins, monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.

Are damages a type of remedy?

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss.

What are the 3 remedies at law?

There are three types of equitable remedies: specific performance, injunction, and restitution.

What is an example of a remedy at law?

Examples of legal remedies (or damages) include compensatory, consequential, and punitive. Examples of equitable remedies include injunctions, constructive trust, subrogation, and equitable lien.

What does damages mean in law?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.

Breach, Damages, and Remedies in Contract

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What does remedy mean in law?

A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit.

What are damages in civil law?

Damages are the sums assessed in monetary terms that are paid to a successful plaintiff. Damages may be awarded as compensatory damages for damage sustained, or as aggravated or exemplary damages, although in State of NSW v Corby (2009) 76 NSWLR 439 aggravated damages were described as a form of compensatory damages.

How are damages different than equitable remedies?

While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.

Are liquidated damages an equitable remedy?

Second, a plaintiff may be able to enforce equitable remedies like specific performance in lieu of, or in addition to, the legal remedy of liquidated damages, provided that the contract is not explicit that the liquidated damages preclude equitable remedies.

What are types of legal remedy?

Judicial remedies are of three main types:
  • Damages.
  • Injunction.
  • Specific Restitution of Property.

What is a type of remedy?

Nature Of RemediesProvisional Remedies

Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.

What are the 5 main forms of civil law remedies?

Five Common Types of Civil Cases
  • Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. ...
  • Property Disputes. ...
  • Torts. ...
  • Class Action Cases. ...
  • Complaints Against the City.

What are civil law remedies?

▶ A civil right is an enforceable right which if. interfered with by another gives rise to an action. for injury. ▶ Remedy denotes the manner in which a right is. enforced by a Court in case of its violation.

What is damage in law of tort?

Damage is the loss suffered by the person due to the wrongful act of another person whereas, Damages is the amount of money which is paid as compensation for the injury suffered by a person. So, damages are different from damage and it is one of the remedies which is available to the plaintiff.

What is the difference between remedies at law and remedies in equity?

What is the difference between remedies at law and in equity? Remedies at law are limited to payments of money or property (including land) as damages. Remedies in equity is available only when there is no adequate remedy at law.

What type of damage remedies are available to persons under contract law?

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.

What is considered an equitable remedy?

Equitable relief, also referred to as an equitable remedy, is a type of court-ordered relief for an aggrieved party that is used when ordinary legal remedies – such as awarding damages – are considered inadequate justice for the suffering party.

What is a remedy at equity?

Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

What are the 3 types of damages?

Types of Damages
  • COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
  • GENERAL. General damages are sought in conjunction with compensatory damages. ...
  • PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

What are the four types of damages?

One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into four general categories.
  • Compensatory Damages. Compensatory damages (or “actual damages”) are specifically meant to make up for the plaintiff's losses. ...
  • Punitive Damages. ...
  • Liquidation Damages. ...
  • Nominal Damages.

What are the 5 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are public law remedies?

Public Law Courts like High Courts and Supreme Court where compensation was awarded in public law for violation of basic ... ordinary law which can be duly compensated elsewhere even if it involves violation of fundamental rights, public law remedy.

What is an example of a civil remedy?

Youth curfews, gang injunctions, ordinances controlling public behavior and restraining orders are all civil remedy examples that seek to alter criminal opportunities and prevent crime problems from escalating.

What are remedies in tort?

Remedies in Tort Law are of 2 types
  • Damages: Damages or legal damages is the amount of money paid to the aggrieved party to bring them back to the position in which they were before the tort had occurred. ...
  • Injunction: Injunction is an equitable remedy available in torts, granted at the discretion of the court.

How many remedies are in tort law?

In some cases, depending upon the seriousness of tort committed, even the court will convict the wrongdoer. There is two type of remedies in tort- Judicial remedies in torts law and extrajudicial remedies in torts law.