Adequate Remedy Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Adequate Remedy, written in plain English, along with examples of how it is used.
What is Adequate Remedy?
n. remedies are the means employed to enforce a right or redress an injury caused by wrong, i.e. they pertain to 1.) The enforcement of contracts. 2.) The redress of torts or injuries. Adequate remedies are the ones which obtain satisfactory compensation/redressal of suffering, pain or loss/punishment to the parties involved (in ase of private remedies), or upholding of right and justice (in case of public remedies).
History and Meaning of Adequate Remedy
Adequate remedy is a legal term that refers to the legal measures that an individual or entity can take to enforce a right or redress an injury caused by wrong. Adequate remedies usually pertain to the enforcement of contracts or the redress of torts or injuries. Adequate remedies refer to those measures that obtain satisfactory compensation, redressal of suffering, pain or loss, punishment to the parties involved or upholding the right and justice of the parties involved.
The principle of adequate remedy has been a part of several legal systems for a long time. In most common law jurisdictions, adequate remedies are imposed by courts or administrative bodies to ensure that parties are satisfied with the outcome of their legal cases. The idea behind adequate remedies is to provide an effective system of justice that is fair and impartial.
Examples of Adequate Remedy
A tenant can seek an adequate remedy against a landlord who breaches a lease agreement by withholding rent payments, seeking compensation for any damage caused by the landlord's failure to maintain the property or seeking an order for specific performance requiring the landlord to complete repairs.
In a case of medical malpractice, an adequate remedy may include compensation for specific medical bills and any necessary follow-up care, compensation for pain and suffering, and even punitive damages if the medical practitioner was egregiously negligent.
In a case of copyright infringement, an adequate remedy would be an order of injunction against the infringing party, requiring them to cease any further use of the copyrighted material, as well as to pay damages to the original copyright owner.
Legal Terms Similar to Adequate Remedy
Equitable remedy: a remedy that is awarded by a court in fairness and not in strict law, such as an injunction or specific performance.
Legal remedy: a remedy that is awarded by a court in accordance with legal principles, such as a monetary award or imprisonment.
Specific performance: a legal action requiring someone to fulfill the terms of a contract, rather than paying damages for breaching it.