Also known as: laws of remedy · law of remedies · remedies
Written by attorneys · grounded in primary & secondary sources — see below
A body of rules that determines the forms of judicial relief available to redress a legal injury or enforce a right. The rules identify when a remedy such as possession, injunction, damages, or enforcement of a judgment may be granted and compare the adequacy of one form of relief against others.
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Linden Logistics leased warehouse space to a tenant whose lease ended on March 1. The tenant remained in possession after that date without permission. Linden Logistics filed an action under local law to recover possession. The court granted the writ because the landlord was entitled to pursue the judicial remedy for recovery of leased property from a holdover tenant.
Lola Langley operated a small farm next to a manufacturing plant owned by Landmark Realty. The plant emitted fumes that damaged crops and reduced the farm's value. Langley sued for an injunction. The court weighed the relative adequacy of an injunction compared with damages and granted the injunction because damages would not fully protect the ongoing harm to the land.
After a divorce in State B, Lillian Locke received primary custody of the children. The father moved with the children to State A without permission. Locke registered the custody order in State A and petitioned for enforcement. The State A court applied its own enforcement remedies, including contempt, to return the children because the remedies under the uniform act are cumulative with other state law remedies.
Lena Lawson and two other partners formed a consulting firm. The partnership agreement imposed reasonable limits on access to certain client files and provided for liquidated damages if a partner misused the information. When one partner breached the restriction, the others sought the contractually defined damages. The court enforced the liquidated-damages clause because the agreement validly defined appropriate remedies for breach of the information-use restriction.
Lucy Liu and her former spouse entered a marital settlement agreement that was incorporated into the divorce decree. The former spouse failed to pay the agreed support amount. Liu moved for contempt. The court held that the decree terms were enforceable both as a judgment, including by contempt, and as an independent contract.
Laura Lewis sold a parcel of land to a buyer under an installment land contract. The buyer defaulted after making several payments. Lewis retained legal title and initiated foreclosure proceedings under state mortgage-like protections. The court permitted foreclosure because the contract functioned as a security device and state law supplied the seller with foreclosure remedies upon default.
The relative adequacy of an injunction to the plaintiff, compared with other available remedies, is one factor considered in determining whether an injunction against a tort is appropriate. Courts also examine the nature of the interest to be protected and any unreasonable delay or misconduct by the plaintiff.
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…rest with the physician. If an individual practitioner abuses the privilege of exercising proper medical judgment, the usual remedies, judicial and intra-professional, are available. Concurring opinions Concurring — Burger, C. J. I agree that, under the Fourteenth Amendment to the Constitution, the abortion…
…menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting
…state intrusions to be constitutionally safeguarded before it concluded in Mapp v. Ohio , 367 U. S. 643, that adequate state remedies had not been provided to protect this interest so the exclusionary rule was necessary.
…suitable for its present and future uses, and was not the subject of a contract of sale, there were no further administrative remedies
…federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their
Yes. A court may utilize any remedy available under its own law to enforce a child-custody determination made by a court of another state. The remedies provided by the uniform act are cumulative and do not displace other available remedies.
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Yes. A partnership agreement may impose reasonable restrictions on the availability and use of information obtained under the access provisions and may define appropriate remedies, including liquidated damages, for breach of any reasonable restriction.
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Terms set forth in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt, and are also enforceable as contract terms.
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Upon default the seller may pursue remedies such as forfeiture in some jurisdictions or foreclosure. The contract is treated as a security device, and state law, sometimes including mortgage-like foreclosure protections, governs the available remedies.
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