Alternative Relief

Alternative Relief

Remedies sought in a lawsuit in various forms or in the alternative, such as a demand for Specific Performance of a contract or monetary damages to compensate for the failure to perform the obligation, or both.

Modern rules governing Pleading in courts now specifically permit a party to demand relief in the alternative. This eliminates the harsh consequences of the rule of Common-Law Pleading that required a party to make one demand for one type of relief and to lose the case if a different remedy were more appropriate. Today, a party can ask for alternative forms of relief and recover what is later proved to be most appropriate at trial.

References in periodicals archive ?
31 and will consider alternative relief assistance afterwards such as food-for-work," the National Disaster Risk Reduction and Management Council said on Tuesday.
8) By stringently interpreting the previously ambiguous first step of Wilkie but nevertheless preserving the Bivens remedy for use in cases where no alternative relief exists, the Court largely validated deep-seated separation of powers concerns expressed in prior precedent while simultaneously making a pragmatic effort to uphold Chief Justice Marshall's belief that a right must always entail a remedy.
Solbar integrates its isoflavones, produced in standardized processes and confirmed in their concentration by validated analytical methods, into the development of alternative relief solutions for the menopause and osteoporosis.
In the meantime, taxpayers seeking relief from joint and several tax liabilities would do well to pursue alternative relief through one of the avenues identified in this article or by other means.
It is pleasing to see that the Welsh Assembly Government are not only seeking alternatives to the problems of congestion on the M4 but have purchased land from Corus to provide an alternative relief through Newport.
Finally, these general rules do not apply for elections that are expressly excepted for relief or where alternative relief is available from a statute, a regulation, or other published rulings (Regs.
These courts have granted the reclaiming creditor alternative relief in the form of an administrative claim or replacement lien in the amount of the reclamation claim.
If you suffer from aching joints or muscles you can chuck away the aspirin and try the latest form of alternative relief - magnet therapy.
In its court filing, JANA also seeks alternative relief to bring other proposals to a vote at the Annual Meeting.
An eligible entity may qualify for alternative relief, under Regs.
To mark National PMS Week, Vital tells how one woman found alternative relief for her pre-menstrual hell
If the court refuses to approve reclamation of the goods due to an existing perfected inventory lien, the court must grant the creditor alternative relief in the form of an administration claim or replacement lien.

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