Remedies' purpose is to rectify the wrongs committed against the plaintiff, save you from unjust enrichment, and deter future harm. The appropriate treatment depends on the circumstances of every specific case. Here are a number of the principal remedies to be had in civil law:
- Damages - Monetary compensation offered to a plaintiff who has suffered a loss or harm due to the illegal acts or negligence of the defendant. Damages are intended to put the plaintiff again into the position they would have been in had the harm not taken place.
- Injunctions - A court order directing a restraining to or impeding the defendant from doing particular acts. For instance, a courtroom can place an injunction ordering a defendant to prevent an activity that is inflicting damage to the plaintiff.
- Declaratory injunction - A courtroom proclaims the rights and obligations of events without ordering something to be completed or provided. It is declared to resolve uncertainties surrounding rights and obligations.
- Restitution - Requires a defendant to give up cash or assets acquired through wrongful acts to restore the plaintiff to their unique role. Its objective is to prevent unjust enrichment.
- Specific performance - A defendant is ordered with the aid of the court to perform a particular act they are obligated to under a contract. Used while financial damages would be insufficient.
- Reformation/Rectification- The court reforms/rectifies a written record to mirror what the events at first intended in cases of blunders or fraud. For example, reforming/rectifying the language in an agreement
Some of the key types of remedies in civil law include:
Compensatory Damages: This is the most common remedy, involving monetary compensation to the injured party for the loss or injury suffered. The aim is to restore the injured party to the position they were in before the injury or breach occurred.
Restitution: This remedy seeks to restore the injured party to the position they were in by returning the exact item or its value that was lost due to the other party's wrongdoing.
Specific Performance: Instead of monetary compensation, the court orders the party at fault to perform their part of the agreement. This is often used in cases involving unique items or real estate transactions.
Injunction: This is a court order directing a person to do or stop doing a specific action. It's preventive in nature and can be temporary or permanent.
Declaratory Judgments: This is a statement by the court that determines the rights of the parties without ordering anything be done or awarding damages.
Though there are multiple remedies available under civil law but while granting the relief one must weigh the remedy equivalent to the damage caused to do complete justice.