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adequate remedy

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adequate remedy n. a remedy (money or performance) awarded a court or through private action (including compromise) which affords "complete" satisfaction, and is "practical, efficient and appropriate" in the circumstances. In part this depends on what relief (like an order granting him an easement over a neighbor's property or an order keeping the drunken husband away from the complaining wife) a party is seeking. A court is a bit self-congratulatory and subjectively judgmental when it announces that the remedy granted is "adequate" when it has done the best it can in the circumstances. Example: a "stay away" order telling an abusive husband to keep his distance from his wife but not putting him in jail. The order is only a piece of paper until he violates it, giving cause for his arrest.



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The assignee may want to include a provision whereby the assignee must concede that damages at law by itself may not be an adequate remedy for a breach of the agreement.
18) Courts have held that where a discovery order compels production of irrelevant documents and there is no adequate remedy by appeal, a writ of mandamus may be issued on an interlocutory basis.
But they disagreed as to whether the Exceptions Clause provided an adequate remedy.
 
 
 
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