adequate remedy at law


adequate remedy at law
For purposes of rule that a litigant who fails to avail himself of a remedy provided by law and who is subsequently barred from pursuing that remedy because of his own lack of diligence cannot rely on the absence of a remedy at law as a basis for equitable jurisdiction, is one which is as complete, practical and as efficient to the ends of justice and its prompt administration as a remedy in equity, and which is obtainable as of right. In re Wife, K., Del.Ch., 297 A.2d 424, 426.
As preventing relief by injunction, means a remedy which is plain and complete and as practical and efficient to ends of justice and its prompt administration as a remedy in equity, and although an injunction will issue when legal remedy is inadequate, injunction should not be granted where complainant has an adequate remedy at law. Hancock v. Bradshaw, Tex.Civ. App., 350 S.W.2d 955, 957.
A remedy that affords complete relief with reference to the particular matter in controversy, and is appropriate to the circumstances of the case. Such must reach end intended, and actually compel performance of duty in question. Simpson v. Williams Rural High School Dist., Tex.Civ.App., 153 S.W.2d 852, 856

Black's law dictionary. . 1990.

Look at other dictionaries:

  • adequate remedy at law — n. A remedy that provides complete and appropriate relief. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. adequate remedy at law n. A leg …   Law dictionary

  • adequate remedy at law — A remedy at law which defeats by its existence the jurisdiction of equity, being a remedy which is plain, clear and certain, prompt or speedy, sufficient, full, or complete, practical, and efficient to the attainment of the ends of justice. 27 Am …   Ballentine's law dictionary

  • adequate remedy — A remedy that a court deems adequate under the circumstances. The remedy may be ordered by the court or arrived at by the parties to the lawsuit.For example, a court might consider it adequate for one party to compensate the other with money… …   Law dictionary

  • Adequate remedy — An adequate remedy is a legal remedy (either court ordered or negotiated between the litigants) which the court deems satisfactory.This consideration expresses to the court whether money should be awarded or a court order should be decreed.… …   Wikipedia

  • inadequate remedy at law — Within the meaning of the rule that equity will not entertain a suit if there is an adequate remedy at law, this does not mean that there must be a failure to collect money or damages at law, but the remedy is considered inadequate if it is, in… …   Black's law dictionary

  • complete remedy at law — See adequate remedy at law …   Ballentine's law dictionary

  • remedy — rem·e·dy 1 n pl dies: the means to enforce a right or to prevent or obtain redress for a wrong: the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong if… …   Law dictionary

  • adequate — ad·e·quate adj: lawfully and reasonably sufficient adequate grounds for a lawsuit Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. adequate …   Law dictionary

  • law — / lȯ/ n [Old English lagu, of Scandinavian origin] 1: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a: a command or provision enacted by a legislature see also statute 1 b:… …   Law dictionary

  • adequate notice — noun ample notice, commensurate notice, fair notice, good notice, satisfactory notice, sufficient notice, suitable notice, valid notice associated concepts: adequate care, adequate compensation, adequate remedy at law, adequate security Burton s… …   Law dictionary


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