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LSDefine

Simple English definitions for legal terms

substitutionary remedy

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A quick definition of substitutionary remedy:

A substitutionary remedy is a way to fix a problem when someone has been wronged. It's something a court can do to make things right. Usually, it means giving the person who was wronged some money instead of fixing the problem directly. This is different from a specific remedy, which means fixing the problem directly. For example, if someone promised to sell you a bike but didn't, a specific remedy would be making them give you the bike. But if they can't give you the bike, a substitutionary remedy would be giving you money instead.

A more thorough explanation:

A substitutionary remedy is a type of legal or equitable relief that provides the plaintiff with something in place of the promised performance or to compensate for an injury. It is a remedy that involves the payment of money instead of the delivery of goods or services.

For example, if a seller fails to deliver goods as promised, the buyer may seek a substitutionary remedy by asking for monetary damages instead of the goods. Another example is when a person is injured due to someone else's negligence, and they seek compensation for their medical bills and lost wages.

These examples illustrate how a substitutionary remedy works by providing the plaintiff with a monetary award instead of the promised performance or to compensate for an injury. It is a common type of remedy in civil cases where the plaintiff seeks compensation for damages suffered.

substitutionary | substitution-of-judgment doctrine

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