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.

References in periodicals archive ?
It is the view of Ball that the concerns raised in the SO allow the parties to develop the appropriate and adequate remedy package to bring about the successful clearance by the EU's competition authority of this proposed acquisition.
Justice Noor ul Haq N Qureshi observed that petitioner itself was not a tax payer as he did not filed his National Tax Number (NTN) and nor he obtained adequate remedy by going to an alternate forum so the objection that petitioner had no right of locus standi sustained.
The Superior Court of New Jersey Appellate Division found that: "The record before us does not support plaintiff's claim that it would suffer irreparable harm for which there is no adequate remedy at law.
However, the judge said while there had been a breach of the regulations, damages would be an adequate remedy and allowed the contract award to proceed.
248) After discussing the caselaw, which demonstrated that equity would not enjoin a tax unless there was no adequate remedy at law, the Court said:
Until they do, the public at large - and the journalists who work for these companies - remain at risk from unethical and unlawful newspaper conduct, without adequate remedy.
Mr Justice Paul Gilligan said he was satisfied the balance of convenience favoured the issuing of the order and damages in this matter would not be an adequate remedy.
Judge Posner (sitting as a district court judge) noted that in order to obtain an injunction, a litigant had to show that damages are not an adequate remedy.
11th Circuit Court of Appeals, the Florida Supreme Court held that the absolute privilege applied and that the trial court's contempt and other powers were an adequate remedy for abuses.
The French minister plenipotentiary lodged a formal protest with the Continental Congress and threatened to leave the country unless the government provided an adequate remedy.
In determining whether mandamus should issue, the courts are required to determine whether the party making the request has an adequate remedy by appeal.
section] 704, for final agency action when "there is no other adequate remedy in court.