Question: What Are The Common Law Remedies?

How do you win a civil suit?

The standard is more relaxed in the civil justice system.

Instead, the plaintiff must prove his case by a preponderance of the evidence.

Under this standard, a plaintiff can prevail and win a civil case by showing that more likely than not everything he has said is true and he is entitled to a legal remedy..

What are the common law remedies against pollution?

Under Common Law, there are 4 different remedies against pollution, and these are – nuisance, negligence, trespass and strict liability.

What are the 3 types of damages?

The three types of damages that form the foundation of most civil lawsuits are compensatory, nominal, and punitive.

What is a personal remedy?

Personal Remedies Damages by way of compensation for breach of contract or tort may also include elements of restitution. The courts may grant a remedy by way of a personal order to repay and/or an order to return property.

What are the different types of remedies?

Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.

What are the two types of remedies?

There are two general categories of remedies—legal and equitable. In the category of legal remedies are damagesMoney paid by one party to another to satisfy a liability.. Damages are money paid by one party to another; there are several types of damages.

Is pain and suffering punitive damages?

Damages for pain and suffering are a type of compensatory damages. Punitive damages are damages which are assessed against the defendant for egregious misconduct and are intended to punish the defendant and to deter others from similar misconduct.

What type of damages are awarded for pain and suffering?

Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress.

What kind of damages can you sue for?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.Compensatory Damages. … Incidental Damages. … Consequential Damages. … Nominal Damages. … Liquidated Damages. … Punitive Damages.

What are the remedies for environmental pollution?

Share:Air Quality. Promote measures to reduce pollution from mobile and stationary sources.Energy. Support environmentally sound policies that reduce energy growth reates, emphasize energy conservation and encourage the use of renewable resources.Land Use. … Water Resources. … Waste Management. … Nuclear Issues.

What are environmental torts?

We define Environmental torts as injuries to property and property value. We define Toxic Torts as injuries to persons. While often related by causation, they require different analysis of causation and damages.

What kind of damages are emotional distress?

Emotional distress is a type of mental suffering or anguish induced by an incident of either negligence or through intent. The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit.

What is general damage?

General damages are intangible, non-monetary losses that do not have an exact dollar amount. There are several types of general damages: Pain and suffering. Mental anguish. Lower quality of life.

What is a common law remedy?

A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon …

What are remedies?

A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. … Coercive remedies – requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (a court mandates that the party fulfill contractual obligations.

What remedies are available for a breach of contract?

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.

How do you ask for pain and suffering without a lawyer?

In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence.

What are the 3 remedies at law?

Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.

What kind of remedies are available to protect the environment?

To name a few, they are Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986.

What is another word for remedy?

Some common synonyms of remedy are amend, correct, emend, rectify, redress, reform, and revise.

What’s the lowest amount you can sue for?

There’s not a minimum amount you can sue for in small claims court, but most courts have a filing fee that will be between $25 and $50.