Dictionary

  • Remedy (in the context of litigation)

    The means by which a legally recognised wrong is subsequently addressed in the pursuit of justice. In common law jurisdictions, we distinguish between two key categories of remedy: legal remedies such as a monetary award of damages, and equitable remedies, such as specific performance.

    The appropriate remedy depends on the nature of the wrong, as not all remedies are open in all cases. Furthermore, some remedies can help achieve justice in certain situations but not others, and as such, judges must use their discretion when determining which remedies to enforce.

    Examples of remedies include:

    Common law

    • Damages

    Equity

    • Specific performance
    • Injunction
    • Restitution
    • Account for profits

    Constitutional (prerogative writs)

    • Prohibition
    • Mandamus
    • Certiorari

    Other

    • Rescission
    • Rectification

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