Everything You Should Know About Inadequate Remedies

Everything You Should Know About Inadequate Remedies

The adequate remedy

Adequate remedy is a legal remedy by the court without  considering any equitable remedy. Under this remedy, it is decided whether the court’s order should be followed or the money is the award.

The inadequate legal remedy: 

In inadequate remedy, the plaintiff will receive the sum of money if it is deemed satisfactory by the court after thorough examination of the matter of the contract. In such cases, the plaintiff will have to face the denial of any other specific performance. In cases of land, as per the inadequate remedy, any sum of money will not be adequate or sufficient as every piece of land is unique in its own way and no two pieces of land can be alike with similar surroundings and characteristics. This is why, the award money that the plaintiff will receive will not enable him to purchase a smaller piece of land at any other place or location.

Money can also be useful in –

Consider a case where the plaintiff deals with selling off  chattels such as appliances, machinery, or furniture. Then the court can simply pay the compensation of a certain amount with which the person can purchase exactly the same piece of appliance, furniture, or machinery. The damage will include the amount equal to the difference between the contract price and the chattels’ market value. Damages for such items are often what the court pays as these items are readily available online or locally. The plaintiff will be able to take the entire compensatory amount that he had spent over the contract price.

If the chattel is unique –

The court has the right to determine which of the items belonging to the plaintiff are unique. The rare collection of stamps, for example, is unique whereas the The American Stock Exchange’s stocks are not. Some other items such as heirlooms, antiques, or that are found in rarity are unique and any sum of money cannot just compensate for uniqueness. It is possible to decide on a specific performance in case the plaintiff has sentimental connection with an object based off the circumstances or facts that had developed this value. In such a scenario, the object becomes an heirloom in the family.

If damages are not adequate

Estimation becomes difficult when the damages are not adequate. The most prominent example of this case is a requirement contract where the agreement says that one party agrees to buy all the merchandise from the other party that it requires for running the business. Same principle is applicable for a situation where the item (not necessarily unique) is available in rarity and it is difficult to find in the market.

If the nature of a service is not unique, compensation of violation of the agreement of personal service becomes mandatory. If the services are unique, the compensation is not mandatory. And in case of an employment, the court of law will never enforce such a contract, because of the Constitution’s thirteenth amendment which strictly prohibits Slavery. The court in case of defendant’s insolvency will find out if any adequate remedy is there. It will not ascertain the defendant’s capability of paying the judgement in monetary terms.

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