Заңдық өтеу шаралары және сот төрелігінің негіздері

Part of a legal remedy deemed satisfactory by the court

An adequate remedy or adequate remedy at law is part of a legal remedy (either court ordered or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy This consideration expresses to the court whether money should be awarded or a court order should be decreed.'''. The court must grant the adequacy of remedy that will lead to a "meaningful hearing". Whether legal damages or equitable relief are requested depends largely on,whether or not 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. When 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 perform under the contract. There are two main categories of remedies which are legal remedy and equitable remedy. The example for the classification of legal remedies is damage, one of the most found types of damages is the compensatory damages where it compensates directly to the injured party or the non breaching party for the value of the loss. The legal remedy is effective when the suffering party is economically more benefit if there exists a monetary damage or compensation consequence to perform The equitable remedy can be a presence that if the defendant does not want any monetary damages for the case that they suffer; instead, they want equity that afford the relief. There exist some restrictions to this type of equitable remedy where it is a limited remedy that only exists if the breaching of a contract must be unique items.

Secondly, injunction, this is a legal action of the court order to stop and forbidding someone from doing something illegal activities such as breaching a contract.

This is a remedy that bringing back to the parties to the place where before the deal was created. An Individual who breaks an agreement ought not to endure a discipline, and the non breaching party should not unlawfully enrich. The objectives to fulfil the remedies is to make the plaintiff or suffering party not to suffer, the law allows several damages or compensation to cover the losses by the injured party. The most common cause for this damage is the breaching of a contract that leads to profit lost.

Damages are sometimes hard to assess; hence the non breaching party determine the amount to pay for the breach.

A neighbour building on a landowner's parcel would have little or no value that can be paid because land is unique, and an inadequate value could be ascertained; contrast this, for instance, with the neighbour borrowing the landowner's 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.