Adequate remedy
Encyclopedia
An adequate remedy or adequate remedy at law is a legal remedy
(either court-ordered
or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy
.
This consideration expresses to the court whether money should be awarded or a court order
should be decreed. Whether legal damages or equitable relief are requested depends largely on if the remedy can be valued
. As an operation of law
, an attorney
often must present to the court whether there is an adequate remedy. This would be a basic principle of equity.
For example, a neighbor building on another's parcel would have little or no value that can be paid because land is unique, and an inadequate value could be ascertained, vis-à-vis
considerations with a neighbor borrowing one's car and being 100% at fault for an accident. In the latter case, the valuation of the car plus other consequentially caused damages can be reasonably valuated.
Therefore, as a general rule, where the fair market value
can readily be assessed, with certain carved exceptions, the remedy at law is damages (or money). Whereas, the "inadequacy" of a remedy at law leads a lawyer usually to seek equitable relief from the court. When damages, a monetary award, is not an adequate or appropriate remedy, equity can order a "specific performance
", an order of the court requiring a party to perform the obligations that he or she undertook to perform under the contract
, especially where what was to be exchanged under contract can not be found easily elsewhere or at all, such as antiques, parcels of land, etc.
There is no such claim as an adequate relief claim. Damages are often bifurcated or determined in a separate trial or as a part in parcel of different determination from whether a certain tort
or contract (etc.) has occurred.
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
(either court-ordered
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy
Equitable remedy
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...
.
This consideration expresses to the court whether money should be awarded or a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
should be decreed. Whether legal damages or equitable relief are requested depends largely on if the remedy can be valued
Value (economics)
An economic value is the worth of a good or service as determined by the market.The economic value of a good or service has puzzled economists since the beginning of the discipline. First, economists tried to estimate the value of a good to an individual alone, and extend that definition to goods...
. As an operation of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, an attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
often must present to the court whether there is an adequate remedy. This would be a basic principle of equity.
For example, a neighbor building on another's parcel would have little or no value that can be paid because land is unique, and an inadequate value could be ascertained, vis-à-vis
Vis-à-vis
Vis-à-vis may refer to:* Vis-à-vis * "Vis à Vis" , an episode of Star Trek: Voyager...
considerations with a neighbor borrowing one's car and being 100% at fault for an accident. In the latter case, the valuation of the car plus other consequentially caused damages can be reasonably valuated.
Therefore, as a general rule, where the fair market value
Fair market value
Fair market value is an estimate of the market value of a property, based on what a knowledgeable, willing, and unpressured buyer would probably pay to a knowledgeable, willing, and unpressured seller in the market. An estimate of fair market value may be founded either on precedent or...
can readily be assessed, with certain carved exceptions, the remedy at law is damages (or money). Whereas, the "inadequacy" of a remedy at law leads a lawyer usually to seek equitable relief from the court. When damages, a monetary award, is not an adequate or appropriate remedy, equity can order a "specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
", an order of the court requiring a party to perform the obligations that he or she undertook to perform under the contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, especially where what was to be exchanged under contract can not be found easily elsewhere or at all, such as antiques, parcels of land, etc.
There is no such claim as an adequate relief claim. Damages are often bifurcated or determined in a separate trial or as a part in parcel of different determination from whether a certain tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
or contract (etc.) has occurred.