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 ?
The counsel also indicated that the court erred when it held that the occupant of the Kumawu Stool had no capacity to sue in respect of the alienation of his stool land, and for the fact that the court failed to comment on the alternative relief sought by the plaintiff, and prayed the Appellate Court to set aside the ruling of Justice Samuel Obeng-Diawuo.
1252(g), but the dismissal should be without prejudice to amending the complaint within 60 days to seek alternative relief.
Defendant moved for a protective order and alternative relief, including an in camera review, plaintiff cross-moved to compel disclosure of the entire claim file.
Some argue in favour of an alternative relief road route largely using the existing road network, while others say improvements to public transport would make any relief road unnecessary.
The seventh legal question for the Federal Court to answer is whether the Federal Constitution's Article 15A is an 'alternative relief' that will bar someone from going to the courts to seek citizenship recognition.
Boasberg in his ruling allowing pipeline operations to continue noted that the Corps and ETP had not yet expressed their positions on the tribes "alternative relief" plan and said he would hear arguments on the matter.
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.
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.

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