What is an extraordinary remedy?

Asked by: Julie Wunsch  |  Last update: March 20, 2025
Score: 4.1/5 (20 votes)

An extraordinary remedy is a special type of legal solution that is only used in rare and extreme situations where a standard remedy, such as monetary damages or an injunction, cannot adequately address the problem. Examples of extraordinary remedies include writs of mandamus or habeas corpus.

What is an exceptional remedy?

: a procedure for obtaining judicial relief allowed when no other method is available, appropriate, or useful see also habeas corpus, mandamus, quo warranto.

What does extraordinary mean in law?

1 a : going beyond what is usual, regular, or customary. ;specif. : of, relating to, or having the nature of a proceeding or action not normally required by law or not prescribed for the regular administration of law [an session of the legislature] [granted relief] compare ordinary.

What is extraordinary relief?

means a remedy that is within the power of the Commissioner to grant, a remedy that compensates for the result of inaccurate classification of property as homestead or nonresidential through no fault of the taxpayer, or a remedy that makes changes to a taxpayer's property tax adjustment or renter rebateclaim.

What is an example of a remedy in law?

An example of a legal remedy in contract law is compensatory damages. Compensatory damages are intended to compensate the non-breaching party for their actual losses. This may include damages for lost wages, medical bills, or property damage. Compensatory damages may also include emotional distress damages.

Extraordinary Remedy

32 related questions found

What are the 4 types of remedy?

The four main remedies for breach of contract are damages, specific performance, rescission, and restitution. The purpose of contract remedies is to compensate the non-breaching party for the losses suffered.

What is the main purpose of a remedy?

Remedies are designed to address the harm suffered by a party due to the unlawful actions or omissions of another party. They ensure that justice is served by restoring the injured party to their original position or by providing relief appropriate to the circumstances.

What is considered extraordinary circumstances?

(3) Extraordinary circumstances (A) In general In paragraph (2), the term “extraordinary circumstances” means an event (or events) that is outside of the control of the eligible entity that has prevented the eligible entity from fulfilling the objectives described by such entity in the application submitted under ...

What is an example of extraordinary claims require extraordinary evidence?

For example, based on the Sagan standard, if someone claims that they saw a unicorn on their way to work, then they would be expected to produce extremely strong evidence in order to verify this claim, since there's currently no substantial preexisting evidence showing that unicorns even exist.

What is an extraordinary writ in law?

Definition: An extraordinary writ is a legal order issued by a higher court to a lower court, government official, or other party to perform a specific action or to stop a specific action. It is called "extraordinary" because it is used in exceptional circumstances where other legal remedies are not sufficient.

What is extraordinary examples?

extraordinary | Intermediate English

very unusual and special; different in type or greater in degree than the usual or ordinary: Being chairman gave him an extraordinary sense of power. She was an extraordinary woman, and no one will ever forget her.

What is the legal definition of extraordinary circumstances?

Extraordinary circumstances refer to situations that are unusual or unexpected and cannot be predicted or prepared for with normal measures.

Why is it called extraordinary?

The extra- in extraordinary means "outside" the ordinary. If you had to work for 10 hours on a two-page writing assignment, that means it was an extraordinarily hard assignment. Either that or you were extraordinarily slow. We often use the word extraordinary as a superlative.

What is the difference between relief and remedy?

Relief is essentially synonymous with remedy , but is sometimes meant to convey a broader concept. A remedy typically addresses clear, tangible injuries or losses . This can include monetary damages , specific performance , or injunctions .

What is the extra legal remedy?

There are two types of remedies - Judicial and extra-judicial remedies. Remedies that are provided by a court of law to an aggrieved party are called judicial remedies. When a person can lawfully avoid or remedy himself without the court's intervention, the remedies are called extra-judicial remedies.

What are the three remedies?

There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.

What are the defining features of an extraordinary claim?

The most important of these was Hume's essay On Miracles. Hume precisely defined an extraordinary claim as one that is directly contradicted by a massive amount of existing evidence. For a claim to qualify as extraordinary there must exist overwhelming empirical data of the exact antithesis.

What extraordinary claims without evidence can be dismissed without evidence?

Hitchens's razor is an epistemological razor that serves as a general rule for rejecting certain knowledge claims. It states: "What can be asserted without evidence can also be dismissed without evidence". The razor was created by and later named after author and journalist Christopher Hitchens.

Who said extraordinary claims require extraordinary proof?

“Extraordinary claims require extraordinary evidence” was a phrase made popular by Carl Sagan who reworded Laplace's principle, which says that “the weight of evidence for an extraordinary claim must be proportioned to its strangeness” (Gillispie et al., 1999).

What is best of extraordinary circumstances?

BEASTS OF EXTRAORDINARY CIRCUMSTANCE is a fairtale about a young man with inexplicable abilities--and the woman who loves him.

How do we determine what is just in extraordinary circumstances?

Extraordinary circumstances refer to unexpected and uncontrollable events that can impact travel, such as natural disasters, extreme weather, political unrest, or strikes.

Can you get compensation for extraordinary circumstances?

If the delay was caused by an 'extraordinary circumstance' you will not be entitled to compensation.

What is the most common type of damages awarded by a court?

Additionally, compensatory damages are much more common than punitive damages. Compensatory damages can be awarded in a wide range of personal injury claims caused by the negligence of another party or entity. Some common accidents include: Car crashes.

What are some examples of remedies?

6 Common Remedies for Breach of Contract in Business
  • Compensatory Damages in Contract Law. ...
  • Specific Performance as a Contract Remedy. ...
  • Legal Injunctions in Contract Disputes. ...
  • Rescission for Material Breach of Contract. ...
  • Liquidated Damages in Contract Cases. ...
  • Awarding Nominal Damages in Contract Violations.

On which grounds the court will refuse an order of specific performance?

Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Money damages are an adequate remedy. The claimant has misbehaved (unclean hands).