Also known as: remedial devices · remedy · legal remedy
Written by attorneys · grounded in primary & secondary sources — see below
A legal procedure or mechanism that provides relief or enforcement for a right or duty. It includes judicial actions, statutory remedies, and equitable orders that courts or parties may invoke to address a breach, violation, or holdover.
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Rachel Ramirez terminated a lease with a holdover tenant who refused to vacate. State law supplied a speedy eviction action. Rachel filed that action rather than changing the locks herself. The court granted possession through the judicial process.
A city enacted a race-based set-aside for public contracts after documenting specific past discrimination in its construction industry. The program survived strict scrutiny because it was narrowly tailored to the identified discrimination rather than general societal bias.
Rocky Mountain Mining contracted to buy equipment from a supplier that later repudiated before delivery. The buyer waited a commercially reasonable time then sued for breach damages under the UCC. The court awarded the buyer its chosen remedy.
A court in State A received a custody determination from State B. It applied its own enforcement remedies, including a temporary order, to secure compliance. The remedies supplemented rather than replaced other available state-law tools.
Rosa Ruiz promised to pay a contractor for home repairs. The contractor performed the work. When Rosa refused payment, the contractor sued for breach. The court enforced the promise through an award of damages.
Redwood Bank held a junior mortgage on an office building. It obtained appointment of a receiver who collected rents. The receiver first paid taxes and maintenance expenses before applying the excess to the junior debt, satisfying the duty to avoid waste.
A speedy judicial remedy for recovering possession from a holdover tenant prevents the landlord or incoming tenant from using self-help unless the controlling law expressly preserves that right. An agreement authorizing self-help is void as against public policy if the law does not preserve the right.
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The program must rest on a strong basis in evidence of specific past discrimination in the relevant industry and jurisdiction. General societal discrimination is insufficient, and the remedy must be narrowly tailored to the identified discrimination.
…by the principles and usages of law.' It is a general principle that a mandamus lies if there be no other adequate, specific, legal remedy. The writ is of extensive remedial nature and issues where the party has a right to have anything done and no other specific means of compelling its performance. Many English cases…
…drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly, I will not give to a woman an abortive remedy."[^maj-15] Although the Oath is not mentioned in any of the principal briefs in this case or in Doe v. Bolton , post , p. 179, it represents the apex of the development of strict…
…The dictum in Pennekamp v. Florida, 328 U. S. 331, 348-349, that "when the statements amount to defamation, a judge has such remedy in damages for libel as do other public servants," implied no view as to what
…See 539 U.S., at 575. Although Lawrence elaborated its holding under the Due Process Clause, it acknowledged, and sought to remedy, the continuing inequality that resulted from laws making intimacy in the lives of gays and lesbians a crime against the State. See ibid . Lawrence therefore drew upon principles of…
…that the court on prompt motion may quash or modify the subpoena if compliance would be unreasonable or oppressive. This remedy
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Yes. The aggrieved party may still resort to any remedy for breach even after notifying the repudiating party that it will await performance and urging retraction.
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No. The remedies are cumulative and do not affect the availability of other remedies under state law to enforce a child-custody determination from another state.
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A contract is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law recognizes as a duty.
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The junior receiver may apply rents first to taxes and reasonable maintenance expenses. Any excess may then be applied to the junior obligation, rewarding the diligent junior mortgagee without prejudicing the senior lienholder.
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