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v. t. e. 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. [1]
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5][6] specific performance. account of profits.
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to do or refrain from specific acts. [1] ". When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." [2] A party that fails to comply with an ...
The adequate remedy at law is the legal remedies by meaning it is satisfactory compensation by way of monetary damages without granting equitable remedies. [4] As an operation of law, an attorney often must present to the court whether there is an adequate remedy. This would be a basic principle of equity. [2][5] When a monetary award is not an ...
t. e. Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative.
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
The writ may not be issued to correct errors of law. The Court of Appeals of Wisconsin provided the following background and guidelines of coram nobis petitions for state courts in Wisconsin (citations and quotations removed): [143] The writ of coram nobis is a common law remedy which empowers the trial court to correct its own record.
Constitutional law. v. t. e. A writ of mandamus (/ mænˈdeɪməs /; lit. ''we command'') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing ...