Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Remedial

adj. 1. Affording or providing a remedy; providing the means of obtaining redress <a remedial action>. 2. Intended to correct, remove, or lessen a wrong, fault, or defect <a remedial statute>. 3. Of or relating to a means of enforcing an existing substantive right; procedural <a remedial right>.

remedial action

Environmental law. An action intended to bring about or restore long-term environmental quality; esp., under CERCLA, a measure intended to permanently alleviate pollution when a hazardous substance has been released or might be released into the environment, so as to prevent or minimize any further release of hazardous substances and thereby minimize the risk to public health or to the environment. 42 USCA § 9601(24); 40 CFR § 300.6. - Also termed remedy. Cf CERCLA; REMOVAL ACTION.

remedial action. See

REMEDIAL ACTION.

remedial enforcement

See secondary right under RIGHT.

remedial law

1. A law providing a means to enforce rights or redress injuries. 2. A law passed to correct or modify an existing law; esp., a law that gives a party a new or different remedy when the existing remedy, if any, is inadequate.

remedial liability

Liability arising from a proceeding whose object contains no penal element. ( The two types of proceedings giving rise to this liability are specific enforcement and restitution. Cf. penal liability.

remedial promise

A seller's promise to repair or replace goods, or the like, or to refund the price if the goods (1) do not conform to the contract or to a representation at the time of the delivery of the goods, (2) conform at the time of delivery but later fail to perform as agreed, or (3) contain a defect. UCC § 2-102(a)(31).

remedial right

The secondary right to have a remedy that arises when a primary right is broken.

remedial statute

See STATUTE.

remedial trust

See constructive trust under TRUST.

subsequent remedial measure

Evidence. An action taken after an event, which, if taken before the event, would have reduced the likelihood of the event's occurrence. ( Evidence of subsequent remedial measures is not admissible to prove negligence, but it may be admitted to prove ownership, control, feasibility, or the like. Fed. R. Evid. 407.