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In: Operations Management

Other than damages, note three remedies that are available to a successful plaintiff in a civil...

Other than damages, note three remedies that are available to a successful plaintiff in a civil action.

Solutions

Expert Solution

On the basis of their purpose, the four types of judicial remedies are as follows

  • Damages
  • Restitution
  • Coercive remedies
  • Declaratory remedies.

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.


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