Legal remedy

Legal remedy refers to 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.

Types of Legal Remedies

Legal remedies can be broadly classified into three categories: damages, specific performance, and restitution.

Damages

Damages are a monetary award ordered by the court to be paid to an injured party, by the party at fault. The purpose of damages is to compensate the injured party for the loss or injury suffered.

Specific Performance

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative.

Restitution

Restitution involves the restoration of a thing to its rightful owner. It is a remedy commonly used in cases where the contract is rescinded, and both parties are put back to the position they were in before the contract was made.

Legal and Equitable Remedies

Legal remedies and equitable remedies are the two types of remedies that were available under the common law. While legal remedies typically involve a monetary award, equitable remedies are typically injunctions or decrees directing someone either to act or to forbear from acting.

Remedies in Different Areas of Law

Different areas of law have specific types of remedies. For example, in contract law, a party may seek specific performance of the contract or a refund. In property law, a party may seek to recover the property, or to receive compensation for the loss.

See Also

• Injunction
• Declaratory judgment
• Rescission
• Reformation

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