Adequate remedy

From Wikipedia, the free encyclopedia

This article does not cite any references or sources. (January 2007)
Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.

An adequate remedy is a legal remedy (either court-ordered or negotiated between the litigants) which the court deems satisfactory.

This consideration expresses to the court whether money should be awarded or a court order should be decreed. Whether legal damages or equitable relief are requested depends largely on if the remedy can be valued. As an operation of law, an attorney often must present to the court whether there is an adequate remedy. This would be a basic principle of equity.

For example, a neighbor building on another's parcel would have little or no value that can be paid because land is unique, and an inadequate value could be ascertained. Vis-à-vis considerations with a neighbor borrowing your car and being 100% at fault for an accident. In the latter case, the valuation of the car plus other consequentially caused damages can be reasonably valuated.

Therefore, as a general rule, where the fair market value can readily be assessed, with certain carved exceptions, the remedy at law is damages (or money). Whereas, the "inadequacy" of a remedy at law leads a lawyer usually to seek equitable relief from the court. When damages, a monetary award, is not an adequate or appropriate remedy,equity can order a "specific performance", an order of the court requiring a party to perform the obligations that he or she undertook to preform under the contract. Especially where what was to be exchanged under contract can not be found easerly elsewhere or at all, such as antiques, parcels of land, etc.

There is no such claim as an adequate relief claim. Damages are often bifurcated or determined in a separate trial or as a part in parcel of different determination from whether a certain tort or contract (etc.) has occurred.

v • d • e Articles of the Universal Declaration of Human Rights

General Principles	Article 1: Freedom, Egalitarianism, Dignity, and Brotherhood · Article 2: Universality of rights

Civil and Political Rights. Treaty: International Covenant on Civil and Political Rights	Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel, unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention, and exile · Article 10: Right to fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience, and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

Social, Cultural and Economic Rights. Treaty: International Covenant on Economic, Social and Cultural Rights	Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest & leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties	Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Human Rights Category · Human Rights Portal

v • d • e Human rights

Concepts & Philosophies

Inalienable rights · Fiduciary law · Freedoms · Natural rights · Negative rights · State sovereignty · Universality · Universal jurisdiction

Organisations

International human rights bodies	Committee on the Rights of the Child · International Committee of the Red Cross · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council

Regional human rights bodies	African Commission on Human and Peoples' Rights · African Court on Human and Peoples' Rights · African Court of Justice · European Court of Human Rights · European Committee for the Prevention of Torture · Inter-American Commission on Human Rights · Inter-American Court of Human Rights

Multi-lateral bodies involved in human rights	European Union · Council of Europe · Organisation of American States · UNHCR · UNOCHA · International Labour Organization · WHO · UNESCO · UNAIDS · UNDESA · CSW · UNFPA · UNICEF · UNIFEM · UNDP · FAO · UN-HABITAT

Major NGOs	Amnesty International · Human Rights Watch

Legal instruments

Declarations	Cairo Declaration of Human Rights · Declaration on the Rights of Indigenous Peoples · Universal Declaration of Human Rights · American Declaration of the Rights and Duties of Man · Paris Principles

International human rights law	Convention Against Torture · Convention on the Elimination of All Forms of Discrimination Against Women · Convention on the Elimination of All Forms of Racial Discrimination · Convention on the Rights of Persons with Disabilities · Convention on the Rights of the Child · International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families · International Convention on the Suppression and Punishment of the Crime of Apartheid · International Convention for the Protection of All Persons from Enforced Disappearance · International Covenant on Civil and Political Rights · International Covenant on Economic, Social and Cultural Rights

Regional human rights law	African Charter on Human and Peoples' Rights · American Convention on Human Rights · European Convention on Human Rights · European Convention on Torture · European Social Charter · Inter-American Convention on Forced Disappearance of Persons · Inter-American Convention to Prevent and Punish Torture · Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women · Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

International humanitarian law	Convention on the Prevention and Punishment of the Crime of Genocide · Convention Relating to the Status of Refugees · Protocol Relating to the Status of Refugees · Geneva Conventions · Hague Conventions · Rome Statute of the International Criminal Court

Concepts that may be considered as human rights

Civil & Political rights	Right to life · Right to die · Right to bear arms · Right to liberty · Right to security of person · Freedom of movement · Freedom from slavery · Freedom from torture · Freedom from cruel and unusual punishment · Right to personhood · Right to equality before the law · Right to effective remedy before the law · Freedom from arbitrary arrest and detention · Freedom from exile · Right to a fair trial · Right to presumption of innocence · Right to Privacy · Right of asylum · Right to a nationality · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of assembly · Freedom of association · Right to suffrage · Right to marriage and family life · Right to protest

Economic & Social rights	Labor rights · Right to just remuneration · Right to equal pay for equal work · Right to join a trade union · Right to social security · Right to rest & leisure · Right to work · Right to property · Right to intellectual property · Right to participate in culture · Right to education · Freedom of education · Right to an adequate standard of living · Right to healthcare · Right to water · Right to food

Reproductive rights	Family planning · Reproductive health · Right to legal abortion · Right to genital integrity · Freedom from involuntary female genital cutting

Rights of war	Rights of civilians · Rights of prisoners of war