What sort of legal remedies are available if I sue?

Legal remedies are ways in which a right is enforced or the means by which a violation of that right is reconciled. The types of legal remedies that are available to you will vary depending on the type of litigation that you are involved in. For example, there may be a broader array of remedies available to someone who is suing under tort laws than for someone involved in a breach of contract dispute. In general, however, the legal remedies that are available are broadly divided into equitable remedies and monetary remedies.

Equitable legal remedies are so named because there used to be a separate court, called a court of equity. Today, there is no separate court system for obtaining equitable remedies but the rules are slightly different none-the-less for these types of legal remedies. Equitable remedies occur when the court orders someone to do something other than pay money to compensate for their violation. For example, a court may issue an injunction that prevents someone from doing a given action. The court may also require “specific performance,” which would be a mandate that a defendant who has breached a contract actually perform the specific terms of the contract. Equitable remedies are usually awarded only if and when monetary legal remedies wouldn’t be appropriate. For example, if a disgruntled Coca-Cola employee threatened to release the Coke recipe to the public, the court might issue an injunction to stop him from doing so because it would be impossible to ever calculate the monetary damages of such an action. Equitable remedies usually come into play in breach of contract cases.

Monetary remedies, on the other hand, just involve the payment of money for damages. These are used in both breach of contract and tort cases. However, in a breach of contract case, the plaintiff usually can recover only for actual financial loss. In a personal injury or tort case, the plaintiff’s monetary legal remedies can include damages for financial loss (medical bills and lost wages) as well as for pain and suffering, emotional distress, and even punitive damages in some cases.

If you have questions about a specific case of obtaining legal remedies or need more clarity, consult an attorney.

Case Studies: Legal Remedies in Different Litigation Scenarios

Case Study 1: Equitable Remedies in a Breach of Contract Dispute

A software development company, TechSolutions Inc., entered into a contract with a client to create a custom software application. The client paid a substantial upfront fee for the project. However, midway through development, TechSolutions Inc. failed to meet the agreed-upon milestones and deadlines, causing significant delays and financial losses to the client’s business.

The client decided to sue TechSolutions Inc. for breach of contract. Instead of seeking monetary damages, the client requested an equitable remedy in the form of specific performance. The court granted the client’s request and ordered TechSolutions Inc. to complete the software development according to the original contract terms.

Case Study 2: Monetary Remedies in a Personal Injury Lawsuit

A pedestrian, Jane, was crossing the road at a designated crosswalk when a distracted driver ran a red light, hitting her and causing severe injuries. Jane incurred substantial medical expenses, lost wages due to inability to work, and endured immense pain and suffering as a result of the accident.

Jane decided to sue the distracted driver for negligence in a personal injury lawsuit. The court awarded Jane monetary remedies to compensate for her financial losses, including medical bills and lost wages. Additionally, Jane was awarded damages for pain and suffering and emotional distress caused by the accident.

Case Study 3: Equitable and Monetary Remedies in a Trade Secret Dispute

A pharmaceutical company, BioPharma Corp, discovered that a former employee, John, was attempting to sell the company’s confidential trade secrets to a competitor. The trade secrets included valuable research and development data for a groundbreaking drug.

BioPharma Corp sought both equitable and monetary remedies in this scenario. The court issued an injunction to prevent John from disclosing or selling the trade secrets to the competitor. Additionally, the court awarded BioPharma Corp monetary damages to compensate for the potential financial harm caused by the attempted theft of their trade secrets.