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 goes on: "PH and SMF each agree that it would be difficult to compensate the other fully for the damage and distress resulting from any breach and that damages would not be adequate remedy for breach, and as a result, they each agree that the other may seek injunctive relief against the other to prevent a breach or threatened breach of these paragraphs."
Nothing shall prevent the complainant from filing a temporary restraining order (TRO) or any other injunctive relief in court if there is no other plain, speedy, and adequate remedy in the ordinary course of law.
It said it was forced to seek relief from the SC since it has "no other plain, speedy and adequate remedy are available on the acts by the government agencies themselves which are supposed to be upholding Philippine environmental laws and protecting the environment and resources in Philippine territory."
The availability of the remedy of appealing the assailed decision to the Office of the President effectively proscribes the right to resort to a special civil action for certiorari and mandamus because one of the requirements to avail of these remedies is that there be no appeal nor any plain, speedy and adequate remedy in the ordinary course of law,' the SC explained.
It is pertinent to mention here that the LHC was denuded of jurisdiction under the Constitution in relation to a case where an alternate and adequate remedy was available to Sharif and the jurisdiction of high court will normally be ousted in suchlike cases, the appeal stated.
'Neither the watchers nor the voters not the members of the public have any plain, speedy, adequate remedy in the ordinary courts of law as respondent Comelec has proven and continues to prove its decade-long fanatical obsession for favoring respondent Smartmatic,' it added.
And even if they could, it is not clear they can provide the adequate remedy (enable compensation, to continue the example) or avoid additional political problems (capture by other special interests such as big banks or multinational firms).
The petitioners added they sought relief from the SC because they "have no other plain, speedy and adequate remedy as petitioners are complaining of acts by the government agencies themselves who are supposed to be upholding Philippine environmental laws and protecting the environment and resources in Philippine territory." The Integrated Bar of the Philippines and rights lawyer and senatorial bet Chel Diokno represented the group in their plea.
On appeal, Russell argued that the commission's repeated remands for new hearings created a perpetual "cycle of orders and appeals such that [she] will be deprived of an adequate remedy."
Unjust enrichment is an equitable remedy available to a party who otherwise has no adequate remedy at law.
'(i) Such direction is made pursuant to an application of any aggrieved person, in other words, the high court cannot do so suo motu; and (b) no other adequate remedy is provided by law.'