Legal Remedies Law

A Legal remedy is one in which a court of law levies a penalty or enforces a right or brings into force some other court order during discharge of civil law. In legal remedy mostly court enforces a monetary amount towards damages. In American legal jurisdiction, there is a legal maxim which says that “for every right there is a remedy, where there is no remedy there is no right”

Types of Legal Remedies in American Law:

In American law there are three important types of legal remedies which can be granted by American courts:

The first is monetary payment imposed for an injury or damage inflicted commonly known as damage. These are of two types, compensatory damage which is monetary payment to the victim and the other one is punitive damage imposed on the person causing the damage. The Punitive damages granted in civil law is similar to fines imposed in criminal law.

The second type of legal remedy is commonly known as chancery court order or equity remedy, where a court under civil law passes an injunction to perform a pending work or unfulfilled promise made under a contract.

The third major type of legal remedy granted by American civil courts is declaratory remedies where court based on the specific legal provisions decides on the rights or duties or obligation of one or more party involved in a contract. The court takes a decision based on the specific situation presented and weighed against the legal provisions available without any preference to parties.

Apart from the above three types of legal remedies there are other types of legal remedies also available under American law like reformation and recession. Reformation and recession remedies calls for rewriting or deleting or modifying some provisions stated under the contract in question.


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