A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. … Coercive remedies – requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (a court mandates that the party fulfill contractual obligations.
Remedies in Law
When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. For example, suppose you hire and pay someone to clean your house for $100, but he is unable to do it.
Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.
Damages, reformation, RESCISSION, restitution, and SPECIFIC PERFORMANCE are the basic remedies available for breach of contract. Damages The term damages signifies a sum of money awarded as a compensation for injury caused by a breach of contract.
1 : a medicine, application, or treatment that relieves or cures a disease. 2 : something that corrects or counteracts. 3 : the legal means to recover a right or to prevent or obtain redress for a wrong.
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.
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.
There is a right in India which states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. … It is known as the right to constitutional remedies. In this right, the Supreme court, as well as high court, is given the power to instill the fundamental rights.
Short for “In my humble opinion“.
When one among the party commits a breach of the contract, the opposite party becomes entitled to any of the subsequent reliefs: Rescission of the contract. Damages for the loss suffered. Suit for the precise performance.
Article 32 (2) :’The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. ‘
Art. 32(2) empowers the Supreme Court to grant effective orders or directives, or writs, such as habeas corpus, mandamus, injunction, quo warranto, and certiorari, for the execution of the petitioner’s Fundamental Rights, whichever is appropriate. It bestows authority on the Court in the broadest sense.
Writs are meant as prerogative remedies. The writ jurisdictions exercised by the Supreme Court under article 32 and by the high courts under article 226, for the enforcement of fundamental rights are mandatory and not discretionary. But the writ jurisdiction of high courts for ‘any other purpose’ is discretionary.
Remedynoun. that which corrects or counteracts an evil of any kind; a corrective; a counteractive; reparation; cure; — followed by for or against, formerly by to. Etymology: [L. remediare, remediari: cf.
While some might hide from love after a loss, this quote posits that the proper solution is more love. A remedy for something is a way to fix something. … A remedy for love would help you get over the miserable feeling brought about by the loss of love. The fix, according to the quote, is to love more.
A breach of contract occurs when one of the parties of the contract do not abide by the terms of the contract. The breach in a contract happens even when there is a failure in the performance of the contract. But such breach of contract comes with some remedies which provide the aggrieved party for the damages.
There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.
The Right to Constitutional Remedies is considered to be the most important fundamental right because it ensures the protection of our fundamental rights. … It also sees that the government does not violate or disrespect the Fundamental Rights of the citizens.
The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even …
Babasaheb Ambedkar called the Right to Constitutional Remedies as the ‘heart and soul’ of our Constitution because it is the only right that makes the rest of the rights effective. … If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state.
‘Heart and soul of Constitution’
Article 32 falls under Part III of the Constitution that includes the fundamental rights of individuals. It allows an individual to approach the Supreme Court if she or he believes that her or his fundamental rights have been violated or they need to be enforced. Dr B.R.
Writ is a common law remedy provided to the people of India through the Constitution; vide Art. 32 and 226 of the Constitution of India, 1950. Writs are one of the surest forms of remedy and only the High Court and the Supreme Court of India can issue Writs, and no other lower Court is allowed to issue writs.
“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”
Perhaps the most important judicial remedies in administrative law are the two orders replacing the ,old prerogative writs of prohibition and certiorari.
remedy. Antonyms: evil, disease, hurt, infection, plague, ill, impairment, deterioration, aggravation, provocation. Synonyms: cure, restorative, counteraction, reparation, redress, relief, help, specific.
1 : a medicine of secret composition recommended by its preparer but usually without scientific proof of its effectiveness …
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