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Legal Remedies

Updated on July 9, 2010

A legal remedy or perhaps otherwise called a judicial relief, is what happens after a successful legal claim. It covers like an umbrella, the many branches in which a court can then enforce its will.

The most common as well as most easily accessible remedy for just about anything (although usually breach of contract) would be to sue for damages as measured by the claimant's loss of expectations. The rationale is to put the claimant in the position as he would be if he had not been upset by the contract breaker, and as to bring it as far as money can go to push into a place that he would been had his contract been properly completed. In essence, it works to protect a claimaint's reasonable reliance interests.

Damages for expectation losses are usually measured by reasonableness as well as the difference between what the claimant was entitled to and what he actually got in the end. Often, there is no cure for the claimant for non-pecuniary losses, meaning losses that do not have a money value, unless it satisfied certain exceptions. Also, if the contract involves third parties, then that would be a radically different discussion entirely.

To opt for consequential losses, the claimant is subject to even more bars, and must satisfy the courts that said consequences were not too speculative or remote. Usually showing that such an outcome was foreseeable would be enough. At that point contributory negligence might possibly come into play.

Alternatively a person could look towards claiming for an alternative resolution.

He could try to claim for specific performance, that might possibly ameliorate the legal black hole that would exist for enforcement of non monetary performances.

The appropriateness of a decided performance remedy would be subject to many many factors however, and would require a more in-depth pursuit as some other point in time.

Something that would be easy to obtains would be to get an injunction however, and you can see such actions commonly reported in newspapers. Prohibitory injunctions, to stop a person before he can do or continue something, are usually granted more easily than more specific forms of performance, but it is not a guarantee that they would be granted.

Alternatively, the courts could also award damages in lieu if the performance was deemed to troublesome to enforce.

Naturally the courts would try and do anything and whatever it can in order to enforce justice and fairness into their concluding result


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