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16-September-2008 16:15:15 - Adequate remedy January 2007 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 International Covenant on Civil and Political Rights Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and 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 a 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 International Covenant on Economic, Social and Cultural Rights Article 1 and 2: Right to freedom from discrimination · 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 and 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. Category:Human rights · Human rights portal v d e Human rights Fundamental concepts and philosophies Inalienable rights · Fiduciary law · Freedoms · Natural rights · Negative rights · State sovereignty · Universality · Universal jurisdiction Organisations International institutions Committee on the Rights of the Child · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council Regional 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 European Union · Council of Europe · Organisation of American States OAS · UN High Commissioner for Refugees UNHCR · UN Office for the Coordination of Humanitarian Affairs UNOCHA · International Labour Organization ILO · World Health Oragnization WHO · UN Educational, Scientific and Cultural Organization UNESCO · Joint UN Programme on HIV/AIDS UNAIDS · UN Department of Economic and Social Affairs UNDESA · Commission on the Status of Women CSW · UN Population Fund UNFPA · UN Children's Fund UNICEF · UN Development Fund for Women UNIFEM · UN Development Programme UNDP · Food and Agriculture Organization of the UN FAO · UN Human Settlements Programme UN-HABITAT Major NGOs Amnesty International · Human Rights Watch · International Committee of the Red Cross ICRC 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 law UN 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 · UN Migrant Workers' Convention · 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 law African Charter on Human and Peoples' Rights · American Convention on Human Rights · European Convention on Human Rights · European Convention for the Prevention of 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 and political Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life Economic and social Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property and intellectual · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to development · Right to health · Right to healthcare · Right to water · Right to food Reproductive rights Family planning · Reproductive health · Abortion · Genital integrity · Freedom from involuntary female genital cutting War and conflict Civilian · Combatant · Prisoner of war This law-related article is a stub. This human rights-related article is a stub. Retrieved from http://en..org/wiki/Adequate_remedy Categories: Equity | Law stubs | Human rights stubsHidden categories: Articles lacking sources from January 2007 | All articles lacking sources Views Article Discussion this page History Personal tools Log in / create account Navigation Main page Contents Featured content Current events Random article Search Go Search Interaction Community portal Recent changes Contact Donate to Help Toolbox What links here Related changes Upload file Special pages Printable version Permanent link Cite this page This page was last modified on 10 July 2008, at 02:00
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