Legal Dictionary of Pakistan

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

Remedy

n. 1. The means of enforcing a right or preventing or redressing a wrong; legal or equitable relief. 2. REMEDIAL ACTION. - remedy, vb. Cf RELIEF.

adequate remedy at law

A legal remedy (such as an award of damages) that provides sufficient relief to the petitioning party, thus preventing the party from obtaining equitable relief.

adequate remedy at law.

See REMEDY

administrative remedy

A non judicial remedy provided by an administrative agency. 0 Ordinarily, if an administrative remedy is available, it must be exhausted before a court will hear the case. See EXHAUSTION OF REMEDIES.

administrative remedy.

See REMEDY.

appraisal remedy

the statutory right of corporate shareholders who oppose some extraordinary corporate action (such as a merger) to have their shares judicially appraised and to demand that the corporation buy back their shares at the appraised value. - also termed appraisal right; dissenters' right; right of dissent and appraisal.

concurrent remedy

One of two or more legal actions available to redress a wrong.

cumulative remedy

A remedy available to a party in addition to another remedy that still remains in force.

equitable remedy

A nonmonetary remedy, such as an injunction or specific performance, obtained when monetary damages cannot adequately redress the injury. See IRREPARABLEINJURY RULE.

extrajudicial remedy

A remedy not obtained from a court, such as repossession. -Also termed self-help remedy.

extraordinary remedy

A remedy - such as a writ of mandamus or habeas corpus -not available to a party unless necessary to preserve a right that cannot be protected by a standard legal or equitable remedy.

inadequate remedy at law

A remedy (such as money damages) that does not sufficiently correct the wrong, as a result of which an injunction may be available to the disadvantaged party. See IRREPARABLE-INJURY RULE.

judicial remedy

See REMEDY.

least-intrusive-remedy doctrine

The rule that a legal remedy should provide the damaged party with appropriate relief, without unduly penalizing the opposing party or the jurisdiction's legal system, as by striking only the unconstitutional portion of a challenged statute while leaving the rest of the statute intact.

legal remedy

A remedy available in a court of law, as distinguished from a remedy available only in equity. ( After the merger of law and equity, this distinction became no longer legally relevant.

mutuality of remedy

The availability of a remedy, esp. equitable relief, to both parties to a transaction, usu. required before either party can be granted specific performance. See SPECIFIC PERFORMANCE.

provisional remedy

1. A restraining order or injunctive relief pending the disposition of an action; a temporary remedy, such as attachment, incidental to the primary action and available to a party while the action is pending. 2. An equitable proceeding before judgment to provide for the post judgment safety and preservation of property.

remedy over

A remedy that arises from a right of indemnification or subrogation. ( For example, if a city is liable for injuries caused by a defect in a street, the city has a "remedy over" against the person whose act or negligence caused the defect.

remedy, mutuality of

See MUTUALITY OF REMEDY.

self-help remedy

See extrajudicial remedy.

specific remedy

See REMEDY. specific tax. See TAX.

speedy remedy

A remedy (such as a restraining order) that, under the circumstances, can be pursued expeditiously before the aggrieved party has incurred substantial detriment.

substitutional remedy

A remedy for breach of contract intended to give the promisee something as a replacement for the promised performance, as when the court orders a defaulting seller of goods to pay the buyer damages (as opposed to delivering the goods).