Also known as: adequate remedies · adequacy of remedy · adequate remedy at law
Written by attorneys · grounded in primary & secondary sources — see below
A remedy that sufficiently compensates an injured party for the harm suffered. Money damages qualify when they address the loss in light of measurement difficulties, recurrence of harm, and other practical factors, rendering equitable relief unnecessary.
Anchor Bank contracted with Aether Technologies for specialized server racks. When Aether cancelled after partial production, the bank invoked a clause retaining the full deposit. The court assessed whether the retention supplied an adequate remedy given the difficulty of reselling the custom items and the nonfeasibility of alternative recovery.
Adrian Aguilar, a state corrections officer, sued for unpaid overtime under federal law. The state asserted sovereign immunity. The court considered whether public enforcement mechanisms alone would supply an adequate remedy for the individual wage loss.
Select any source to read its text and confirm it supports the definition.
Atlas Ventures sued Gulf Oil Corp. in a distant federal court over a contract breach. The defendant moved to dismiss, arguing that the alternative forum provided an adequate remedy through its own damages system.
Antonio Alvarado, a former White House aide, brought a damages action against the former president for alleged retaliation. The court examined whether alternative political remedies would leave the plaintiff without an adequate remedy for the personal harm.
Alice Atkins owned a church campground closed by county flood rules. She sought damages for the period of restriction. The court assessed whether declaratory relief alone would constitute an adequate remedy for the temporary loss.
Aaron Adams, owner of a non-minority construction firm, challenged a city set-aside program. The court considered whether damages from lost bids would provide an adequate remedy or whether prospective relief was required.
Damages may still be relatively adequate when they perform declaratory, emotional, and deterrent functions even if they do not perfectly measure recurring harms such as loss of quiet enjoyment. Courts compare the practical compensatory effect of damages against the more intrusive nature of an injunction.
Courts examine the nature of the interest harmed, the difficulty of proving and quantifying losses, the recurring character of the interference, and the risk that the defendant will not satisfy a judgment. These practical considerations guide whether only equitable relief can meaningfully protect the plaintiff.
A valid liquidated damages provision does not automatically bar specific performance or injunctive relief. The clause may still leave the remedy inadequate when uncertainty about the loss makes the fixed sum an incomplete substitute for actual performance.
…misconduct on the part of the Chief Executive." Ante , at 757. Such a rule will, however, leave Mr. Fitzgerald without an adequate remedy for the harms that he may have suffered. More importantly, it will leave future plaintiffs without a remedy, regardless of the substantiality of their claims. The remedies in which the…