What remedy is generally sought in a civil action?

• Compensatory Damages. ...
• Specific Performance. ...
• Injunction. ...
• Rescission. ...
• Liquidated Damages. ...
• Nominal Damages.

What is a legal remedy example?

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.

What is the most important equitable remedy?

The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).

What are the two types of remedies they are in civil litigation?

Historically, remedies available in civil litigation have been divided into remedies available in law or equity. Remedies available in law traditionally have a right to a jury trial while remedies available in equity are restricted to a bench trial.

What are the two types of remedies a court can provide?

Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.

What are the legal three remedies?

What breach is incapable of remedy?

The innocent party will not be entitled to terminate if the breach is incapable of remedy (because it is simply not addressed by the clause). However, the innocent party may still be able to terminate at common law.

What is the burden of proof in a civil case?

In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.

What are the rights and remedies?

The rights and remedies clause is categorised as one of the boilerplate clauses of an agreement. It provides that the remedies available to the parties under an agreement do not exclude any other available remedies and that any accrued rights and claims of the parties will survive termination.

What is the most commonly sought remedy by tort plaintiffs?

Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation. Less common remedies include injunction and restitution.

What are the two general categories of remedies legal and equitable?

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 are the most common types of civil lawsuits?

What are the two main remedies in civil cases?

In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance).

What is the difference between an equitable remedy and a legal remedy?

Legal remedies are ones that allow the party not in breach to recover money, whereas equitable remedies involve resolution through non-monetary solutions. Equitable remedies are actions rather than a financial award.

What is a remedy in court?

remedy. n. the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.

Which of the following are equitable remedies?

Is monetary damages a remedy at law?

Monetary damages are a form of judicial remedy that can be awarded to a claimant in compensation for an injury or loss wrong- fully inflicted. 1 This form of remedy is most commonly referred to simply as “damages.” The essence of damages is the payment of money as a release from civil liability.

What are the remedies for the defendant?

Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies.

What are the four types of equitable remedy?

What type of damages are equitable remedy?

Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain act or refrain from a certain act. Common types of equitable relief are injunctions, specific performance, or vacatur.

What does everyone has the right to an effective remedy?

The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights.