Also known as: remedies law · remedies
Written by attorneys · grounded in primary & secondary sources — see below
The body of principles that determine the relief available when a legal right has been violated. These principles guide the selection among damages, specific performance, injunctions, and other forms of redress by comparing the adequacy of each option to the plaintiff's injury.
Lars Lindstrom's lease on a commercial warehouse expired last month. The tenant, Legacy Motors, refused to vacate despite receiving proper notice. Lars filed an action under local law to recover possession. The court granted the requested writ because the statute supplied a judicial remedy for improper holdover.
Laura Lewis operates a small bakery next to a noisy auto-repair shop owned by Lotus Pharmaceuticals. Exhaust fumes and loud machinery have damaged her business and health. She seeks an injunction rather than damages. The court weighs whether an injunction is more adequate than monetary relief before deciding whether to grant it.
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Luna Lang obtained a custody decree in State B awarding her primary physical custody of her child. The father moved the child to State A without permission. Luna registers the decree in State A and requests enforcement. The State A court applies its own enforcement remedies to carry out the foreign order.
Landon Long and Lillian Locke formed a partnership that agreed to reasonable limits on access to financial records. Landon later sought broad disclosure beyond the agreed scope. The agreement imposed liquidated damages for breach of the restriction. The court enforces the contractual remedy rather than granting unrestricted access.
Lucas Lee and his former spouse incorporated their property settlement into the final divorce decree. Lucas failed to transfer title to the marital home as required. His ex-spouse moved for contempt sanctions. The court treats the decree terms as enforceable both by contempt and by ordinary contract remedies.
Lumen Capital sold a parcel to a buyer under an installment land contract that retained legal title until full payment. The buyer defaulted after three years. Lumen Capital elected forfeiture rather than foreclosure. State law permitted the seller to regain possession because the contract functioned as a security device.
Courts compare the adequacy of an injunction to other remedies such as damages. They also consider the nature of the interest protected, any delay by the plaintiff, and related misconduct. The probable consequences of granting or denying the injunction are weighed against the consequences of alternative remedies.
A court may use any remedy available under its own law to enforce a child-custody determination from another state. The remedies in the uniform act are cumulative and do not displace other available enforcement tools.
A partnership agreement may impose reasonable restrictions on the use of information obtained under statutory inspection rights. It may also define appropriate remedies, including liquidated damages, for breach of those restrictions.
Terms set forth in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt. They are also enforceable as ordinary contract terms.
…menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by lawthe argument of…