What Is A Remedy At Law?


What Is A Remedy At Law?

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.

What is a remedy in law example?

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.

What are the 3 remedies at law?

Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.

What are the remedies in contract law?

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.

What is the means of remedies?

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.

What are the main remedies in a criminal case?

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 the remedies for breach?

Types of Remedies for Breach of Contract
  • Compensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract. …
  • Specific Performance. …
  • Injunction. …
  • Rescission. …
  • Liquidated Damages. …
  • Nominal Damages.

What is the purpose of remedies?

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. However, the court can also grant injunctions.

What is remedy example?

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 meant by constitutional remedy?

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.

Can you be my remedy meaning?

Short for “In my humble opinion“.

What are the remedies available in cases of breach of contracts explain the rules relating to damages?

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.

What are the remedies for the enforcement of fundamental rights?

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. ‘

What are the remedies for the enforcement of fundamental rights guaranteed under the Constitution?

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.

What are the remedies available under writ jurisdiction?

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.

What does remedy mean in the Bible?

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.

What does remedy love mean?

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.

How do you use the word remedy in a sentence?

Remedy sentence example
  1. I intend to remedy that later today. …
  2. I’m taking steps to remedy those issues. …
  3. “I plan to remedy the empty stomach very soon,” she said, studying the menu. …
  4. Maybe I can remedy some of them of the ills. …
  5. She, resolving to apply the remedy for his grief, questions him for that purpose.

What do you mean by breach of contract explain its remedies?

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.

What are the remedies for enforcement of rights conferred by Part III of the Constitution?

It states that 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”.

What are the five constitutional remedies?

There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

Why do we need constitutional remedies?

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.

What are the remedies given under the Indian constitution for the violation of the fundamental right of a citizen?

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 …

Why is right to constitutional remedies called the heart and soul of the Constitution?

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.

Which article tells the constitutional remedies for the violation of Fundamental Rights?

‘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.

What is writ remedy?

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.

How does alternative remedy affect writ petition?

“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;.”

What remedies are available in case of violation of rights in administrative law?

Perhaps the most important judicial remedies in administrative law are the two orders replacing the ,old prerogative writs of prohibition and certiorari.

Is remedy a name?

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

What is a antonym for remedy?

remedy. Antonyms: evil, disease, hurt, infection, plague, ill, impairment, deterioration, aggravation, provocation. Synonyms: cure, restorative, counteraction, reparation, redress, relief, help, specific.

What is the meaning of nostrum in English?

1 : a medicine of secret composition recommended by its preparer but usually without scientific proof of its effectiveness

Who does the song remedy?

The Black Crowes

Who owns remedy ticketing system?

BMC Software
Remedy Corporation
Type Subsidiary of BMC Software
Founded 1990
Headquarters Mountain View, California, U.S.
Key people Larry Garlick, Founder & CEO Dave Mahler, VP Marketing Doug Mueller, Chief Architect
Products Action Request System Flashboards

Who said there is no remedy for love?