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Types of Legal Remedies

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Specific Performance

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Ordering the party to perform a specific act, often used in contract disputes. Example: Enforcing the sale of a unique piece of real estate.

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Nominal Damages

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A small sum of money awarded to acknowledge that a legal wrong has occurred, but no substantial damage resulted. Example: Awarding a symbolic 1foraviolationofrights.1 for a violation of rights.

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Accounting for Profits

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A remedy requiring a defendant to pay the plaintiff all profits gained through unlawful acts. Example: Profits made from the unauthorized use of intellectual property.

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Restitution

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An equitable remedy requiring the return of specific property or its equivalent in money. Example: Returning stolen goods or their value.

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Attachment

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A court order seizing the defendant’s property to secure satisfaction of a judgment. Example: Freezing bank accounts to ensure payment can be made if the plaintiff wins.

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Garnishment

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A legal process used to deduct money directly from the defendant’s wages or bank account. Example: Withholding a portion of a debtor’s salary to pay off debts.

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Liquidated Damages

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Damages specified in a contract to be paid in the event of a breach. Example: Pre-agreed penalty for late delivery in a supply contract.

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Reformation

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The court revises the contract's terms to reflect the parties' true intentions. Example: Correcting a clerical error in a contract to reflect the agreed terms.

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Declaratory Judgment

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A court's statement about someone's legal rights. Example: A court clarifying the rights under a contract before a breach occurs.

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Constructive Trust

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An implied trust where a person holding title to property is subject to an equitable duty to convey it to the rightful owner. Example: Imposed where someone has wrongfully obtained or holds legal right to property.

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Replevin

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A remedy allowing the plaintiff to recover personal property wrongfully taken or retained. Example: Seizing collateral from a debtor who has defaulted on a loan.

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Equitable Damages

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Remedies granted based on fairness as opposed to strict rules of law. Example: Imposing a constructive trust on wrongly gained assets.

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Mandamus

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A court order directing a public official to perform a mandatory or purely ministerial duty correctly. Example: Ordering a government official to grant a license that was wrongly denied.

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Quantum Meruit

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An equitable remedy that allows recovery of the value of work performed. Example: Compensation for services rendered when no contract exists.

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Compensatory Damages

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Monetary award to compensate for actual loss, damage, or injury. Example: Paying medical bills after a car accident.

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Punitive Damages

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Damages exceeding simple compensation and awarded to punish the defendant. Example: Awarded in cases of gross negligence.

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Injunction

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A court order requiring a party to do or refrain from doing a specific act. Example: Cease and desist from trademark infringement.

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Rescission

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Legal remedy that cancels the contract and returns the parties to their pre-contractual state. Example: Canceling a sales agreement due to misrepresentation.

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Recission of Contracts

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A remedy canceling the contract and relieving the parties of ongoing obligations. Example: Terminating a contract due to a major breach.

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Legal Damages

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Monetary compensation ordered by the court for loss or injury. Example: Payment for breach of contract.

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