Remedies

Remedies in United States

Remedies

It is a maxim of law that for every wrong there is a remedy. Remedies are those legal aids that may be invoked by plaintiffs to cure the injuries done to them by defendants. There are a variety of remedies: monetary damages, injunctions, specific performance, and replevin among others such as writs of mandamus and habeas corpus. The remedies which most concern tort and contract law are money damages, injunction, and specific performance. Because the common law prefers money damages and does not ordinarily award specific performance these three remedies are listed in decreasing order of frequency.

See:

Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124
Chelentis v. Luckenbach 247 U.S. 372, 38 S.Ct. 501, 503, 62 L.Ed- 1171.

In Contracts

Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.

In view of the importance given to the intention of the parties in forming and interpreting contracts, it may seem surprising that the remedy for every breach is not a judicial order that the obligor carry out his undertakings. But it is not. Of course, some duties cannot be performed after a breach: time and circumstances will have altered their purpose and rendered many worthless. Still, although there are numerous occasions on which it would be theoretically possible for courts to order the parties to carry out their contracts, the courts will not do it. In 1897, Justice Oliver Wendell Holmes, Jr., declared in a famous line that “the duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it.” By that he meant simply that the common law looks more toward compensating the promisee for his loss than toward compelling the promisor to perform—a person always has the power, though not the right, to breach a contract.

Indeed, the law of remedies often provides the parties with an incentive to break the contract. In short, the promisor has a choice: to perform or pay. The purpose of contract remedies is, for the most part, to compensate the non-breaching party for the losses suffered—to put the non-breaching party in the position he, she, or it would have been in had there been no breach.

The purpose of remedies in contract is, usually, to put the non-breaching party in the position he or she would have been in had there been no breach. The remedies are: compensatory damages (money paid to compensate the non-breaching party for the losses caused by the breach), which also include sub-categories of incidental and nominal damages; punitive damages (to punish the breaching party) are sometimes allowed where the breach is egregious and intentional. (1)

Compensatory Damages

One party has the right to damages (money) when the other party has breached the contract unless, of course, the contract itself or other circumstances suspend or discharge that right. Compensatory damages is the general category of damages awarded to make the non-breaching party whole. For more information on Compensatory Damages, click here. See Consequential Damages here and Nominal Damages here.

Punitive Damages

Punitive damages are permitted in the law of torts (in most states) when the behavior is malicious or willful (reckless conduct causing physical harm, deliberate defamation of one’s character, a knowingly unlawful taking of someone’s property), and some kinds of contract breach are also tortuous. For more information on Punitive Damages, click here.

Specific Performance

Specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract. Specific performance is an alternative remedy to damages and may be issued at the discretion of the court, subject to a number of exceptions. (When the promisee is seeking enforcement of a contractual provision for forbearance—a promise that the promisor will refrain from doing something—an injunction, a judicial order not to act in a specified manner, may be the appropriate remedy.) Emily signs a contract to sell Charlotte a gold samovar, a Russian antique of great sentimental value because it once belonged to Charlotte’s mother. Emily then repudiates the contract while still executory. A court may properly grant Charlotte an order of specific performance against Emily. Specific performance is an attractive but limited remedy: it is only available for breach of contract to sell a unique item (real estate is always unique). (2)

Restitution

As the word implies, restitution is a restoring to one party of what he gave to the other. Therefore, only to the extent that the injured party conferred a benefit on the other party may the injured party be awarded restitution. (3) For more information on Restitituion claims, click here.

Tort vs. Contract Remedies

Frequently a contract breach may also amount to tortious conduct. For more information on Torts, click here.

Resources

Notes

  1. “Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.
  2. Id.
  3. Id.

See Also

Elevator Shaft Accidents–Plaintiff’s Remedies

This section examines the Elevator Shaft Accidents–Plaintiff’s Remedies subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Remedies: Main Elements

The coverage of Remedies includes the following element(s):

Condominiums and Cooperatives

Find out an overview of this topic, in relation to Remedies, in the legal Ecyclopedia.

References

See Also

  • Property

Remedies: Main Elements

The coverage of Remedies includes the following element(s):

Defenses

Find out an overview of this topic, in relation to Remedies, in the legal Ecyclopedia.

References

See Also

  • Tort
  • Product Liability

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Remedies (Adversary Proceedings)

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Remedies (Charter Contracts)

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Remedies (Civil Infringement Actions)

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Remedies (Clayton Act)

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Remedies (Collisions)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Collisions is provided. Finally, the subject of Admiralty Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Communications Legislation)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Communications Legislation is provided. Finally, the subject of Federal Legislation in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Default)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Default is provided. Finally, the subject of Leases in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Digital Millennium Copyright Legislation)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Digital Millennium Copyright Legislation is provided. Finally, the subject of Copyright Protection in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Distributorships)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Distributorships is provided. Finally, the subject of Business, Corporate Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Equal Rights Under the Law )

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Equal Rights Under the Law is provided. Finally, the subject of Contractual Relations in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Fair Housing Rights)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Fair Housing Rights is provided. Finally, the subject of Housing in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Federally Assisted Programs)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Federally Assisted Programs is provided. Finally, the subject of Civil Rights Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Franchises)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Franchises is provided. Finally, the subject of Business, Corporate Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Freedom of Information)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Freedom of Information is provided. Finally, the subject of Governmental Information in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Joinder of Remedies)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Joinder of Remedies is provided. Finally, the subject of Civil Procedure in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Judicial Review)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Judicial Review is provided. Finally, the subject of Administrative Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Letters of Credit)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Letters of Credit is provided. Finally, the subject of Commercial Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Magnuson-Moss Warranty Act)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Magnuson-Moss Warranty Act is provided. Finally, the subject of Consumer Protection in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Prison Litigation Reform Legislation)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Prison Litigation Reform Legislation is provided. Finally, the subject of Prisoner Rights in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Property Rights )

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Remedies (Property Rights )

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Remedies (Public Facilities)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Public Facilities is provided. Finally, the subject of Civil Rights Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Racketeer Corrupt Organizations)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Racketeer Corrupt Organizations is provided. Finally, the subject of Private Actions in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Racketeer Influenced Organizations)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Racketeer Influenced Organizations is provided. Finally, the subject of Private Actions in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Receiverships)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Receiverships is provided. Finally, the subject of Corporations in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Rehabilitation Legislation)

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Remedies (Robinson-Patman Act)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Robinson-Patman Act is provided. Finally, the subject of Antitrust, Trade Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Sales)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Sales is provided. Finally, the subject of Commercial Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Sherman Act)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Sherman Act is provided. Finally, the subject of Antitrust, Trade Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (State Law)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about State Law is provided. Finally, the subject of Consumer Protection in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Voting Rights)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Voting Rights is provided. Finally, the subject of Civil Rights Law in relation with remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Remedies (Civil Procedure)

This section introduces, discusses and describes the basics of remedies. Then, cross references and a brief overview about Civil Procedurein relation to remedies is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.

Remedies

In Legislation

Remedies in the U.S. Code: Title 20, Chapter 39, Subchapter I, Part 4

The current, permanent, in-force federal laws regulating remedies are compiled in the United States Code under Title 20, Chapter 39, Subchapter I, Part 4. It constitutes “prima facie” evidence of statutes relating to Education (including remedies) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Equal Opportunities of the US Code, including remedies) by chapter and subchapter.

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