Law Remedy
A law remedy refers to the legal means by which a party seeks to enforce their rights or obtain compensation for a wrong suffered. It is a form of relief granted by a court to address a legal dispute or violation. Remedies can take various forms, such as monetary compensation, injunctions, specific performance, or declaratory judgments.
6 Key excerpts on "Law Remedy"
eBook - ePub- Chris Turner(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...They will be granted by reference to the maxims of equity. Common law remedies are of four main types: Unliquidated damages – these are assessed by the court according to the breach itself and the losses arising from it. Liquidated damages – these are set sums identified by the parties prior to formation of the contract. Restitution of payments made in advance of a contract – recovery is possible where there is a complete failure of consideration or where there is a mistake of law (considered in Chapter 17). Quantum meruit – recovery for an amount of work already done (again, this area is considered in Chapter 17). Equitable remedies are usually of four main kinds in contract law: Specific performance – where in certain circumstances the terms of the contract are enforced. Injunctions – where in certain circumstances parties are prevented from enforcing the contract. Rescission – where parties are allowed, if it is possible in the circumstances, to return to their pre-contractual position. Rectification – where a written contract is altered on order of the court in order to reflect the actual agreement accurately. The purpose of damages in contract Damages is a sum of money paid by the defendant to the claimant once liability is established, in compensation for the harm suffered by the claimant. In the case...
eBook - ePub- Keith Pickavance(Author)
- 2013(Publication Date)
- Informa Law from Routledge(Publisher)
...CHAPTER 10 REMEDIES FOR BREACH Julian Critchlow INTRODUCTION Where one party breaches his legal obligations to another, the injured party may be entitled to any of a number of forms of relief. Often, the parties will agree their own remedies. As to the common law position, the entitlement to damages is prominent. Where the parties are in contract, termination, repudiation, or rescission may also be options. Sometimes, an injunction will be available. The obligation breached may have its foundation in contract, tort, or statutory duty. Even where no obligation has been breached, if one party performs services for another at his request, an entitlement to be paid a reasonable sum is likely to arise. This chapter considers each of the above while concentrating on damages for breach of contract. FINANCIAL REMEDIES AGREED BY THE PARTIES As a general rule, the parties to a contract may themselves determine the remedies applicable in case of breach. In construction contracts, the standard forms make express provision. Such remedies may include termination, which is discussed later. They may also include financial entitlements, such as the grant of an express right to the employer to obtain liquidated damages for late performance by the contractor, or a contractor’s right to recover loss and expense for employer default. Liquidated damages The overwhelming majority of standard form contracts and, indeed, bespoke contracts, entitle the employer to liquidated damages where the contractor fails to complete the contract works by the time stipulated. The contractor’s delays must be culpable, i.e. delays that are his responsibility and for which he is not entitled to an extension of time. Typically, damages will be expressed as an amount per day, although sometimes an amount per week is stated. The advantage of providing for liquidated damages is that they obviate the employer’s necessity to prove the actual losses he has suffered in the event of delay...
eBook - ePub- Kathrin Kuhnel-Fitchen, Tracey Hough(Authors)
- 2017(Publication Date)
- Routledge(Publisher)
...9 Remedies Revision objectives Understand the law • Can you outline the different remedies which may be awarded for breach of contract? • Can you explain how equitable and common law remedies differ? Remember the details • Can you outline and explain the requirements for an action in debt? • Can you outline and explain the requirements for specific performance? • Can you outline and explain the requirements for an injunction? • Can you outline and explain the requirements for the award of contract damages? Reflect critically on areas of debate • Following the case of Co-operative Insurance Ltd v Argyll Stores (Holdings) Ltd [1998], what role – if any – remains for specific performance in contract law? • Why might an award of damages recovering restitutionary loss potentially be considered problematic? Contextualise • Do you understand how the equitable remedies of specific performance and injunction operate? • Do you understand the effects which causation, remoteness and mitigation have on the claimant’s ability to claim damages? Apply your skills and knowledge • Can you answer the question at the end of this chapter? Chapter Map Remedies If a contracting party does. not properly perform his primary contractual obligations the other party may ‘enforce’ the contract by seeking one or more remedies from the court. Common Pitfall Don’t be fooled into thinking that this ‘enforcement’ of the contract usually takes the form of a remedy compelling the party in default to perform the contract: in fact such an order (called ‘specific performance’) is very unusual in general contract law cases. In typical contract cases the remedy sought and awarded will be a money remedy rather than such a performance remedy...
eBook - ePub- Arthur Ripstein(Author)
- 2016(Publication Date)
- Harvard University Press(Publisher)
...CHAPTER 9 Remedies, Part 2 Before a Court I HAVE ARGUED that rights survive their own violation, and that remedies can be understood as the continuation of those rights. In earlier chapters I have said something about the way in which legal institutions are required to make the requirements determinate, and how they incorporate social understandings and expectations in so doing. In this chapter I take up a different role for legal institutions: fashioning and ordering remedies. I explain this distinctive role in dialogue with a prominent objection to the idea that rights survive their own violation, which has come to be associated with what is called “civil recourse.” Civil recourse theory has received its most prominent development in writings by John Goldberg and Benjamin Zipursky, but Stephen Smith has also made significant contributions to its development. The core objection of civil recourse theorists to corrective justice theory has two interrelated elements: first, that the idea that rights survive their own violation cannot explain the essential role of the plaintiff in initiating a tort action; second, that it cannot explain why a remedy must be ordered by a court. Taken together, the elements are supposed to show that although a private wrong is the occasion of the court ordering a remedy, the basis of the remedy must be something other than the right. The core objection seldom travels alone; it is usually accompanied by ancillary arguments, many of which are supposed to buttress the central argument about the essential role of the court by showing that the idea that rights survive their own violation can explain at most a small subset of the wrongs and remedies addressed by the law of torts...
eBook - ePub- Chris Turner(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...13 Remedies 13.1 Common law remedies 13.1.1 Introduction 1 The most common remedy for breach of contract is damages – a sum of money in compensation – a common Law Remedy. 2 It is artificial and nothing to do with enforcing the contract. As a result of its shortcomings other remedies developed in equity. 3 If a case is proven in common law, damages are automatically granted – equitable remedies are at the discretion of the court. 4 While a claimant must state in the pleadings which remedy is required, both types of remedy can be granted at the same time. 5 There are three types of compensation available at common law: • a sum of unliquidated damages based on the precise loss; • a liquidated sum fixed by the parties at the time the contract was formed; • a quantum meruit for a partly performed contract of service based on an amount representing the work already done. 13.1.2 Unliquidated damages 1 Contract damages are to ‘put the victim of the breach, so far as is possible and so far as the law allows, into the position he would have been in if the contract had not been broken’ (Parke Bin Robinson v Harman) (1848). 2 Nominal damages are possible even if no actual loss is suffered. 3 There are two tests establishing exactly what a party will recover: • one to determine the type of loss for which the claimant can recover based on causation and remoteness of damage; and • one to establish the amount recoverable in respect of the actual loss, called the bases of assessment. 13.1.3 Tests of causation and remoteness of...
eBook - ePubIslamic Financial Contracts
A Research Companion
- Hussain Mohi-ud-Din Qadri, Nasir Iqbal(Authors)
- 2021(Publication Date)
- Routledge(Publisher)
...Where the chattels are rare or unique and are specifically ascertainable, then the remedy of specific performance may be granted. Followings are the cases where no specific performance is available: Mistake: When a contract is rendered void at law, no specific performance of it may be granted. Hardship amounting to injustice: No specific performance will be granted in circumstances where specific performance of a contract may cause hardship to the party even if the plaintiff is not at fault. 15.7 Injunctions The injunction is the fourth kind of remedy which is available to an affected party in case of breach of a contract. An injunction is an order of the court to a party to the effect that he shall do or refrain from doing a particular act. The court may grant any of the following injunctions: Mandatory—to compel the performance of some affirmative act. Prohibitory—to restrain the doing of some act. Perpetual—by way of final relief when the case has been tried. Interlocutory—to last only until the trial of the action. It has been laid down in the Medjelle : “Excessive damage in whatever way it may be caused is to be removed.” 12 It is further laid down: “Some people also, who are public harm, like unskilled doctors are restrained.” 13 Thus, courts in an Islamic country have full powers of granting injunctions. 15.8 Restitutionary remedies The fifth kind of remedy available to the affected party is a restituting remedy. As regards remedies for other wrongs, restitution may be either by return (radd) of the thing, subject of the wrong or by delivery of a similar article (itaua‘ mithlihi)...
