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damages in legal sense is compensating for the loss suffered by the other person due to the act of another.For Eg:- when a person (A) is compensated for the injuries or losses suffered by him due to the act of (B) then A, becomes liable for the compensation,which is remedy for his losses
Wiki User
∙ 13y ago
Yes, damages are a common remedy at law. Damages typically involve the payment of money by the party found liable for losses or injuries suffered by another party. They aim to compensate the injured party for their losses and can be awarded in various types of legal cases, such as contract disputes and personal injury claims.
Wiki User
∙ 12y agoYes
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What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
What are the remedies in tort?
Remedies in tort law typically involve compensation for the injured party. Common remedies include monetary damages to compensate for the harm suffered (compensatory damages), punitive damages to punish the wrongdoer, and injunctive relief to stop certain behavior or actions. The specific remedy awarded will depend on the nature of the harm and the circumstances of the case.
What damages are available in common law?
In common law, the primary types of damages available are compensatory damages (to compensate the injured party for losses), punitive damages (to punish the wrongdoer for egregious behavior), and nominal damages (a small token amount when no significant loss is proven). Additionally, specific types of damages may be available depending on the circumstances of the case, such as special damages (specifically quantifiable losses) or consequential damages (indirect losses resulting from the breach of contract).
How is tort law basically governed?
Tort law is primarily governed by common law principles, which are developed and refined through court decisions. It involves the legal remedy for harm caused by one person to another, resulting in civil liability and compensation for the injured party. Statutory laws, such as limitations on damages and legal procedures, also play a role in governing tort law.
What is an example of legal remedy?
An example of a legal remedy is monetary compensation awarded by a court to a party who has suffered damages due to the actions of another party. This compensation is intended to restore the harmed party to the position they were in before the wrongdoing occurred.
What was the only remedy available in the law courts of England?
A monetary award for damages.
Is monetary damages an equitable remedy under contract law?
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
Temloc Ltd v Errill Properties Ltd 1987?
The judgment in Temloc v Erril confirmed that where "Nil" is entered as the value of a liquidated damages clause this will be the only remedy available to the employer where works are not completed on time, i.e. he will be entitled to £0 in liquidated damages and will also be unable to claim unliquated damages at common law for breach of contract. Where an employer does not want to use the liquidated damages clause but wishes to keep available his remedy at common law the liquidated damages clause should be deleted.
What is the most common legal remedy?
The most common legal remedy is money damages.
What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
What agreements are contract?
A contract is a legally enforceable agreementbetween two or more parties with mutual obligations. The remedy at law for breach of contract is "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.
Is a broken contract theft by conversion?
No, the two are completely different legal concepts and have nothing to do with one another. A broken, or breach of contract falls under the law on contracts. Conversion, or civil theft, falls under the law of torts. The remedy for a breach of contract is to give the non-breaching party damages so that he gets the benefit of his original bargain. The remedy for conversion is compensatory damages in the amount of the value of the item converted plus, perhaps punitive damages, since conversion is an intentional tort.
Can Any breach allows the breaching party to sue for damages?
No. Most contracts have some kind of remedy for breaches built into them, but, if yours does not, you still have to show how the breach caused you a financial loss (damages). Without a remedy in the contract itself, your chance at receiving damages is pretty small.
How does equity ease the harshness of commonlaw?
One way is via remedies. Common law only provides damages, sometimes damages are not sufficient (i.e. losing something of sentimental value), as a result equitable remedies (there are a lot more) allows the claiment to benefit from a better remedy.
Is it Law of Tort or Law of Trts?
Law of Torts. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for the harm that was caused. Tort law is law created through judges (common law) and by legislatures (statutory law). The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms
What does the word --tort-- mean?
A tort is a civil wrong (as opposed to a criminal offense), for which there is a legal remedy for the harm it caused. Tort law is law created through judges (common law) and by legislatures (statutory law). The primary aim of tort law is to provide relief for the damages incurred and to deter others from committing the same harm.
What if your remedy at law is generally monetary damages while in equity you ask the court to do something Why how historically did this division arise?
This division arose because in some cases money was not an appropriate remedy. When the dispute is over an heirloom, for example, the damaged party would want the heirloom back instead of its monetary value,
