Remedy in United Kingdom

Meaning of Remedy

The following is an old definition of Remedy [1]: A mode prescribed by law to enforce a duty or redress a wrong; not, an obligation to guarantee a right or to indemnify against a wrong. The remedy for every species of wrong is ” the being put in possession of that right whereof the party mjured is deprived. The instruments whereby this remedy is obtained are a diversity of suits and actions.” ” A judicial means of enforcing a right or redressing a wrong.” In saying that, while a contract right may not be impaired, the remedy may be modified without impairing the obligation of the contract, the word ” remedy” pertains to the modes of procedure and plead- ing which lead up to and end in the judgment. See Impair. Remedial. Affording a remedy; supplying defects in the common or statutory law: as, remedial statutes, legislation. The remedial part of the law is that whereby a method is pointed out to recover private rights, or redress private wrongs. See further Statute. Adequate remedy. May mean complete satisfaction of such judgment as may be recovered without restriction. See Adequate. Civil remedy. Redress afforded by a civil court for a private injury. Cumulative remedy. A remedy, created by statute, additional to the other remedy or remedies already existing. Where a statute creates a new right or liability and at the same time gives a remedy, such remedy is exclusive; but when the right or remedy was not created by the statute, but would have existed without the statute, the statutory remedy is cumulative. Whenever a statute gives a new right without creating a special remedy tor its enforcement, it may be enforced by any appropriate common-law action. So where a right is to be enforced by a common-law action, ifis immaterial whether the right has been conferred by statute or common law. Equitable remedy. Eedress afforded by a court exercising equity powers. Legal remedy. Redress afforded by a court exercising purely common-law powers. Extraordinary remedy. Relief furnished by a court of chancery exercising its extraordinary jurisdiction. Judicial or legal remedy. “Judicial remedy,” in its largest sense, comprehends more than a direct proceeding against a party to a contract to compel him to perform its stipulations. It comprises, also, judicial protection against invasion by others of the rights vested by the contract. Any means in the hands of the party aggrieved, or of any other person, though not a court, for enforcing performance of a contract, – any mode agreed upon, if permitted by the law, is a ” legal remedy.” Remedy over. A remedy against another as a third person. Thus, when an indorser has a ” remedy over ” he must be given notice of non-payment. See Election, 3; Redress; Relief; Suit, 3.

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Notes and References

1. Concept of Remedy provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)