In: Operations Management
Other than damages, note three remedies that are available to a successful plaintiff in a civil action.
On the basis of their purpose, the four types of judicial remedies are as follows
Restitution remedy is aimed at restoring the
plaintiff to the position they occupied before their rights were
violated. It is measured by the defendant's gains, to prevent the
defendant from being unjustly enriched by the wrong as opposed to
the plaintiff's losses. It can result in the recovery of property
or in a pecuniary recovery.
Coercive remedies are characterized as the orders
from court, forcing the defendant from doing or refraining from
doing, something to the plaintiff. Injunction followed by the
contempt power is a kind of coercive remedy. Under this the court
orders the defendant from acting, or refraining from acting, in a
particular way. In case the defendant is willfully disobeying, they
can be fined, jailed or punished for contempt.
Declaratory remedies are issued when a plaintiff
wants to be made aware of what the law means, what is it, or
whether or not it is constitutional, so that they can take
appropriate action. This remedy is aimed at determining a person's
rights in a certain situation.