Remedy

Definition:

Remedy can be defined as “the means by which the violation of a right is prevented or compensated or by which a right is enforced.” The means engaged to put into effect a right or rectify an injury.

Consideration of Remedies:

Remedies may perhaps be well thought-out in relation to:

• The enforcement of contracts - the remedy for this is normally by action. It depends on the nature of the contract.
• The redress of torts or injuries – the remedy for this is moreover public by condemnation.

Types of Remedies:

Listed below are the 3 kinds of remedies:

• Preventive:
  • The preventive, or abating remedies, or removing, are those which may perhaps be by the acts of the party distressed, or as a result of the involvement of legal measures.
  • The legal injuries includes the injuries to the. person, or to their individual or real property, injunction in equity, defence, recaption, abatement of nuisance, resistance, and surety of the peace etc
• Seeks for a compensation:
  • May perhaps be either by the acts of the party distressed, or suit at law or abruptly ahead of the justices, or accomplishment, or in equity, or by adjudication.
• Object punishment:
  • They are indictment or summary procedures before the magistrates. When a number of remedies are given by the law the party can select the best.

Action of Debt Remedy:

In order to recuperate the money due and for the one that is being not paid on the legal liabilities or on the trouble-free contracts that is both implied or express, whether on paper or spoken, and also upon contracts underneath the seal or of record and on statutes by a party grieved, or by an ordinary informant, when the demand is for a convinced sum, or is competent of being willingly reduced to a certainty the remedy is by action of debt.

The private remedies hunt for the avoidance of offences and the reimbursement for committing them and their author’s punishment.

The public remedy goes for the punishment and the fortification of the object.

Questions:

• What is meant by simple contracts?
• Why is it important to select a proper remedy?