Which of the following is a legal remedy in a civil case?
Asked by: Dr. Eliezer Berge PhD | Last update: August 27, 2023Score: 5/5 (55 votes)
Damages, injunctions, and specific performance are some examples of legal remedies. Some of the most common types of legal remedies or damages in contract law are compensatory remedies, punitive remedies, consequential remedies, and expectation remedies.
What is a legal remedy in a civil case?
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 the most common remedy in a civil case?
The overall purpose of civil remedies is to restore the aggrieved (injured) party to the position they were in prior to the infringement. The most common remedy used is damages.
What is a legal injury for which the law provides a remedy?
A tort is an act or omission, other than a breach of contract, which gives rise to injury or harm to another, and amounts to a civil wrong for which courts impose liability. In other words, a wrong has been committed and the remedy is money damages to the person wronged.
What is legal remedy and equitable remedy?
While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will usually award equitable remedies when a legal remedy is insufficient or inadequate.
What are Legal Remedies
What are examples of legal remedy?
Damages, injunctions, and specific performance are some examples of legal remedies. Some of the most common types of legal remedies or damages in contract law are compensatory remedies, punitive remedies, consequential remedies, and expectation remedies.
What are the four types of equitable remedy?
- Specific Performance. ...
- Rescission. ...
- Injunction. ...
- Rectification. ...
- Account of Profits.
Which of the following is a legal remedy in a civil case quizlet?
Which of the following is a legal remedy in a civil case? Compensation ($$) for injuries or damages.
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 is a legal remedy quizlet?
A remedy is the method a court uses to compensate an injured party. expectation damages. the money required to put one party in the position she would have been in had the other side performed the contract.
Which of the following are equitable remedies?
- Specific performance.
- Injunction.
- 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 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.
Why are civil remedies important?
In addition to compensating victims financially for their losses, civil remedies empower victims to exercise their rights. In a civil lawsuit, the victim rather than the state is in control of essential decisionmaking.
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 is the remedy of the plaintiff?
The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered. This kind of damages is ordinarily known as COMPENSATORY DAMAGES. Money is substituted for that which the plaintiff has lost or suffered.
What are the two types of legal remedies?
Because of their historical origins, monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
What are the legal three remedies?
- Causation – Actual causation (but for test)
- Foreseeability – at the time of the act (proximate cause)
- Certainty – Damages cannot be too speculative. ...
- Unavoidability/Duty to Mitigate – P must make reasonable effort to mitigate; (damages limited to those that could not reasonably have been avoided)
What are remedies in litigation?
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.
What is a civil court remedy in which the court orders one party to perform certain acts or refrain from certain actions?
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
Which of the following provides a civil remedy to plaintiffs who can show that two or more officers conspired to deprive them of their civil rights?
The other source of civil liability under Federal law is 42 U.S.C. Section 1985(3). This section provides for the award of civil damages to any individuals who can show that two or more officers conspired to deprive them of their civil rights.
What is an example of a legal remedy quizlet?
An example of a legal remedy is monetary damages. An example of an equitable remedy is an injunction. The origin of the distinctions between the two types of remedies is historical.
What 3 remedies are related to equity?
Types of Remedies in Equity
There are three types of equitable remedies: specific performance, injunction, and restitution.
Which of the following is not a common equitable remedy?
Answer 1: C- Liquidated damages is not the common type of equitable remedy.
Which of the following is classified as an equitable remedy quizlet?
There are three types of equitable remedies. These are specific performance, injunction, and restitution.