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Nature Of Remedies

Remedies are also categorized as equitable or legal in nature.

Monetary damages awarded to a plaintiff because they adequately compensate him or her for the loss are considered a legal remedy. An equitable remedy is one in which a recovery of money would be an inadequate form of relief.

Courts design equitable remedies to do justice in specific situations where money does not provide complete relief to individuals who have been injured. Injunctions, decrees of specific performance, declaratory judgments, and constructive trusts are typical examples of some kinds of equitable remedies. Restitution is regarded as either a legal or equitable remedy, depending upon the nature of the property restored.

The distinction between legal and equitable remedies originally came about because courts of law only had the power to grant legal remedies, whereas courts of EQUITY granted equitable remedies to do justice in situations where money would be inadequate relief. The courts of law and the courts of equity have merged, but the distinction still has some importance because in a number of courts, a trial by jury is either granted or refused, according to whether the remedy sought is legal or equitable. When a legal remedy is sought, the plaintiff is entitled to a jury trial, but this is not true when an equitable remedy is requested.

Sometimes a plaintiff might have both legal and equitable remedies available for the redress of personal grievances. In such a case, a plaintiff might have to exercise an ELECTION OF REMEDIES.

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