What is damages remedy?

Asked by: Prof. Alan Franecki V  |  Last update: June 26, 2022
Score: 4.7/5 (22 votes)

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 is the difference between remedies and damages?

Key Takeaway. Remedies are intended to make the nonbreaching party whole. The two categories of remedies for breach of contract are legal and equitable. In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.

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 is an example of a remedy?

The definition of a remedy is a way of correcting something or is a treatment given for an illness or medical condition. An example of remedy is when you say you are sorry for an argument. An example of remedy is an antibiotic for a bacterial infection.

What is the purpose of damages and remedies in contract law?

Compensatory damages (also called “actual damages”) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.

Contract Law Remedies for Breach: Damages (Compensatory, Incidental, Consequential)

42 related questions found

What is a remedy in a contract?

A “remedy” is a court-ordered resolution or compensation to one party's breach of contract in contract law. The goal of remedies is to make the non-breaching party, also known as the “injured party,” whole by placing them in the position they would have otherwise been in had the contract been performed as agreed.

What is a remedy in law example?

A Legal remedy is a legal process in which people who have been harmed can seek compensation for their losses. Damages, injunctions, and specific performance are some examples of legal remedies.

Is damages an equitable remedy?

Equitable remedies are always discretionary

The common law remedy of damages for breach of contract is an example of a remedy that is available as of right.

What does the name remedy mean?

The name Remedy is primarily a gender-neutral name of American origin that means Cure.

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.

What is a civil remedy?

Civil remedies are procedures and sanctions, specified by civil stat- utes and regulations, used to prevent or reduce criminal problems and incivilities. Civil remedies generally aim to persuade or coerce non- offending third parties to take responsibility and action to prevent or end criminal or nuisance behavior.

What is the right to remedy?

What is the right to an effective remedy? Human rights law imposes an obligation on countries to provide remedies and reparation for the victims of human rights violations.

What is a civil remedy called?

A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon ...

What is meant by damages in law?

damages, in law, money compensation for loss or injury caused by the wrongful act of another. Recovery of damages is the objective of most civil litigation.

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 does it mean to remedy a situation?

If you remedy something that is wrong or harmful, you correct it or improve it. A great deal has been done internally to remedy the situation. Synonyms: put right, redress, rectify, reform More Synonyms of remedy.

What is the synonym of remedy?

Some common synonyms of remedy are amend, correct, emend, rectify, redress, reform, and revise. While all these words mean "to make right what is wrong," remedy implies removing or making harmless a cause of trouble, harm, or evil.

How common is the name remedy?

Remedy was the 2660th most popular girls name. In 2020 there were only 62 baby girls named Remedy. 1 out of every 28,243 baby girls born in 2020 are named Remedy.

What are damages in equity?

EQUITABLE DAMAGES: A POWERFUL OFTEN BUT FORGOTTEN REMEDY The enactment of the Chancery Amendment Act in 1858l conferred on the Court of Chancery in England a discretionary power to award damages either in addition to or in substitution for specific performance or injunction.

What is a remedy at equity?

Equitable remedies are actions that the court prescribes which will serve to resolve the breach or dispute. Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing.

What is a discretionary remedy?

A clause to give the parties the right to obtain remedies that are at the discretion of the courts of a jurisdiction in addition to contractual damages.

What two remedies are available in a civil lawsuit?

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 types of legal remedy?

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

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.

What are the different types of damages?

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