adequate remedy

An adequate remedy is one that affords complete relief with respect to the particular matter in controversy and which is appropriate given the circumstances of the case. An adequate remedy has also been described as a remedy that is complete, practical, and efficient for the prompt administration of justice, as is equitable relief (see: Fyfe v. Tabor Turnpost, L.L.C., 860 N.W.2d 415 (2015)). As such, the availability of an otherwise adequate remedy, typically monetary damages, precludes the granting of an injunction.

For example, in a breach of contract case, a court seeks to place the harmed party in the same economic position they would have been in had no breach occurred as a complete, practical, and efficient remedy. Therefore, a court will not generally grant specific performance of the contract and will instead order monetary damages unless the contract involved unique goods like artwork.

In property law, courts traditionally presume that damages are not an adequate remedy for a breach of an agreement to convey real property because real property is assumed to be unique.

Furthermore, to be considered adequate in redressing a constitutional wrong, a remedy must at least give a plaintiff the opportunity to access the courts and present their claim.

In administrative law, to determine whether an adequate remedy exists for final agency action under the Administrative Procedure Act (APA), the court evaluates whether a statute provides an independent cause of action or an alternative review procedure.

[Last reviewed in November of 2024 by the Wex Definitions Team]

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