adequate remedy


Also found in: Wikipedia.

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 ?
Trant successfully argued that damages were not an adequate remedy because of the impact of the delay to the project for other stakeholders.
In order for Judge David Akemann to have granted the injunction for the International Association of Firefighters Local 439, he would have had to find that the union had a clear right that needed protecting, would suffer irreparable harm if the change were enacted, had no adequate remedy under law, and was likely to be successful on the merits of the action.
Most of the petitions declared frivolous were filed under Article 199 of the Constitution, under which a high court may take up a matter when there is 'no other adequate remedy is provided by law.
Authorities have an obligation to provide him with adequate remedy, which includes compensation, and ensure that those suspected of responsibility are prosecuted in civilian courts.
Unfortunately, no constitution, no matter how exquisitely crafted its checks on power may be, is adequate remedy for a populace enmired in ignorance and vice.
Ratcliffe's health and physical integrity and to the well-being of her child, the Working Group considers that the adequate remedy would be to release Ms.
is dismissed outright for want of palpable merit and complainant has an adequate remedy in another forum,' Dino added.
Rather, whether a patentee should receive an injunction should depend on a case-by-case analysis of four traditional factors: (1) whether the plaintiff would suffer irreparable injury if the infringement continued; (2) whether the plaintiff had an adequate remedy at law; (3) the balance of the hardships imposed by granting or denying the injunction; and (4) the public interest.
The liquidated damages clause stipulated a breach by either party would cause irreparable harm, that monetary damages would not be an adequate remedy for such breach, and that the prevailing party in a breach of contract lawsuit would be entitled to court costs and attorney fees (Minnesota Vikings Football Stadium v.
To accuse, during an election campaign, a US presidential candidate of personally murdering children is not petty, and civil libel law provides no adequate remedy.
The district court dismissed the case, concluding that a revised JD from the Corps was not a "final agency action for which there was no other adequate remedy in a court.
68(1) (2015) ("A preliminary, procedural, or intermediate order of the agency or of an administrative law judge of the Division of Administrative Hearings is immediately reviewable if review of the final agency decision would not provide an adequate remedy.