Remedies, a legal way of getting justice for criminals apart from the ones common in courts like punishing the criminal, death sentence, and sanctions require that legal rights are observed, considering that there are different forms of remedies depending on the plaintiff and nature of the case,
the defendant compensates for the case mostly in monetary terms. However, if the defendant fails to meet the requirements for compensating the case he or she is prohibited from doing some things. In American jurisprudence, the judicially still makes changes in American social contract which is not supposed to change. This is what influenced the original framers’ intent.
If a person harms another person, and the two living within the same fraternity, there is a way in which he or she can get the one debilitated to the original state. This is to facilitate good relationships within a given group of people.
It is very important to know the remedy given to those who are injured in order to know what happens to those people whose rights have been tampered with. The reason behind all this is to know how, when and where the remedy is given to the offended parties. In the United States of America remedy is given in three ways; monetary terms where the defendant compensates in terms of money, equity, and declaratory relief. Declaratory relief is where the offender and the offended have to abide by a declaration given by the court
The parties should note very well that before seeking remedy for what they are complaining about, the court only puts them back to where they were before when the injury occurred or the court can then put them in their original state by monetary compensation. This came about when the court of law and equity courts came together, though it is not always guaranteed that the remedy will be given despite the fact that legal remedies were created for the cases that can be compensated in monetary terms or services and not punishments or sentences to the wrong doers, it should be carried out following the law guidelines to avoid exploitation. Through this, legal remedy offers the best reconciliation between the offended and the offenders and also prevents property loss.
Relief available from a court known as restitution is designed to restore the wronged party to the original state either by monetary or property compensation to prevent getting rich in a false way. Its main purpose is to get things back to their original state and owners as they were before the injury occurred and for it to happen the plaintiff has to have enough proof that the defendant unjustly enriched himself at her expense hence the defendant in the good sense of right and wrong should make compensations to the plaintiff.
Judge Benjamin was the first one to address third party liability in the touchstone opinion as a very important issue becoming more difficult in each day of the current modern world. The opinion has changed the business world tremendously hence changing the accountant’s roles. The accountant’s services are very crucial to different parties whereby if any audit is carried out in a wrong way all the parties that relied on the financial statement find their interests put into a compromising situation.
A supreme court in California brought in a new procedure that brings privities and restatement approaches together which has brought about a big change by reducing legal remedies to the injured creditors, investors and other third parties.