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A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The remedy is defined as the remedy at law where the judicial remedy or legal remedy takes place in the court. It is the manner on which side is correct that is admitted wrongly by society . Therefore, it is crucial to protect the individual's right and categorised cases to ensure an adequate remedy. [ 7 ]
Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. [1] If the injured party could go back in time, they should be indifferent to entering into the contract that would be breached and receiving the reliance damages as opposed to ...
The award of specific performance requires that the two following criteria must be satisfied: [9] (i) Common law damages must be an inadequate remedy. For instance, when damages for a breach of contract found in favour of a third party are an inadequate remedy. [10] (ii) No bars to equitable relief prevent specific performance. A bar to relief ...
Economic law is a set of legal rules for regulating economic activity. [ 1 ] [ 2 ] Economics can be defined as "a social science concerned with the production, distribution, and consumption of goods and services."
Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages). [23] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss.
Judicial economy or procedural economy [1] [2] [3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case.
The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.