Duhaime's Law Dictionary


Remedy Definition:

Remedial judicial action to right a wrong or to prevent a infringement upon a legal right.

In the common law, according to the United States Court of Appeals in Center for Auto Safety, remedy means:

"... the means by which a right is enforced or the violation of a right is prevented, redressed or compensated."

In Knapp v McCaffrey and in Chelentis v Luckenbach, the US Supreme Court defined a remedy as:

"... the means employed to enforce a right, or redress an injury."

Jowitt's Dictionary of English Law defines a remedy as follows (adopted in Vachon):

"Remedy: the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) by act of the party injured ... (2) by operation of law ... (3) by agreement between the parties ... (4) by judicial remedy, e.g., action or suit. The last are called judicial remedies, as opposed to the first three classes, which are extrajudicial."

French: recours and réparation.

REFERENCES:

  • California Prune & Apricot Growers v Catz American Co., 60 F. 2d 788 (1932)
  • Center for Auto Safety v Ruckelhaus 747 F. 2d 1 (1984)
  • Chelentis v Luckenbach Steamship 247 U.S. 372
  • Knapp, Stout & Co. v. McCaffrey 177 U.S. 636
  • Vachon v Canada [1985] 2 S.C.R. 417

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!