Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts, they are not covered in this tutorial. A federal judge in Wisconsin found that there was "not a significant or material departure from legislative direction." For example, California law states that specific performance may be compelled if: Specific performance would otherwise be an appropriate remedy; and The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court. Damages are money paid by one party to another; there are several types of damages. It is mostly present in civil actions. A remedy also refers to the means by which a party seeks to redress for some form of personal injury or harm. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. When lawyers talk about "remedies in law," they are talking about money damages. There are three basic types of remedies in tort law: Legal Remedies (“damages”), Restitutionary Remedies, and Equitable Remedies. Damages aim at making up the harm that a breaching party has committed to the victim. The legal remedy originates from the law courts of England and is seen in the form of a payment of money to the victim, commonly referred to as damages or replevin. Money paid by one party to another to satisfy a liability. In the history of the English legal system, the legal remedy only existed in the form of monetary relief, and therefore the victim must petition through a … Each of these is discussed briefly below: Legal Remedies for Torts : Also known as “damages”, these are monetary payments made by the defendant for the purpose of compensating the victim for their injuries, losses, and pain/suffering. Remedies in Law. A civil remedy is generally separate form a criminal remedy, although in certain situations the civil and criminal remedy may be related. Lawremedies.in provides Talk to Lawyer service is very good, its nice concept that, any person having legal queries can connect with Lawyer of own choice from anywhere and anytime. If you answered "YES" to any of the above, then there is hope and there is help. For breach of contract cases, there are several different types of monetary remedies: Compensatory damages: This is the most common breach of contract remedy. What Is The Remedy For A "Substantial Departure" From Election Law? Traditionally, a remedy refers to a form of judicial enforcement of a legal right or the means by which a right is enforced. A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits. The Law is Perfect. Talk to Lawyer is a great service. Definition of Remedies in Law of Torts: The manner in which a right is enforced or satisfied by a court when some harm or injury, recognized by society as a wrongful act, is inflicted upon an individual. In the category of equitable remedies are these three: specific performance. That the purpose of the remedies is to ensure that the individual is given fair treatment by the authority to which he has been subjected. Your Remedy is in The Law. . Ex- Vice-president- Pune Bar Association. This is FindLaw's collection of Civil Remedies articles, part of the Litigation and Disputes section of the Corporate Counsel Center. 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