Legal remedies
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Legal remedies are the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will.
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Quotes
[edit]- A judgment for too little, is as bad as a judgment for too much.
- Per Cur., King v. Salomons (1786), 1 T. R. 252; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 127.
The Dictionary of Legal Quotations (1904)
[edit]- Quotes reported in James William Norton-Kyshe, The Dictionary of Legal Quotations (1904), p. 50-51.
- A Judge ought to be severe in awarding costs when he finds that expenses have been incurred through a wrongful suppression of material documents.
- Thesiger, L.J., Jones v. Monte Video Gas Co. (1880), L. R. 5 Q. B. 559.
- It is unconscionable in a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just. Against such objections every possible presumption ought to be made, which ingenuity can suggest. How disgraceful then would it be to the administration of justice to allow Chicane to obstruct Bight; by the help of a legal fiction contrary to the help of the fact!
- Lord Mansfield, Morris v. Pugh (1761), 3 Burr. Part IV. 1243.
- I will be no party to paying out of charity property costs which are not properly payable out of it.
- Kay, J., In re St. Stephen, Coleman Street; In re St. Mary the Virgin, Aldermanbury (1888), L. R. 39 C. D. 507.
- By the rule of law, the King neither receives or pays costs.
- Lord Mansfield, King v. Jenkinson (1785), T. R. 83.
- The Crown was always an unequal match for the subjects: but if the weight of costs were thrown into the scale, this would become such an addition as would make its prosecutions heavier than they would be able to bear.
- Parker, C.J., Reg. v. Ballivos, &c. de Bewdley (1712), 1 P. Wms. 226.
The Dictionary of Legal Quotations (1904)
[edit]- Quotes reported in James William Norton-Kyshe, The Dictionary of Legal Quotations (1904), p. 68-70.
- Damages are designed not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself.
- Lord Mansfield, Case of John Wilkes (1764) 19 How. St. Tr. 1167; Lofft.'s Rep. 19.
- I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages?
- Gibbs, C.J., Merest v. Harvey (1813), 5 Taunton, 443.
- Vita reipubliete pax, et animus libertat et libertatis, firmissimum propugnaculum sua caique domus legibus munita.
- Lofft., "Elements of Law".
- Nobiles magis plectuntur pecunia; plebes vera in corpure.
- The higher classes are more punished in money; but the lower in person.
- 3 Inst. 220.
- Every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary, but an injury imports a damage, when a man is hereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking them, yet he shall have an action. So if a man give another a cuff on the ear, though it cost him nothing, no, not so much as a little diachylon, yet he shall have his action, for it is a personal injury.
- Holt, C.J., Ashby v. White (1703), Ld. Raym. 955.
- To excuse himself from damage, must say, was ready always and at all times.
- Holt, C.J., Horn v. Lewins (1698), Fortesc. 235.
- Nominal damages are in effect, only a peg to hang costs on.
- William Henry Maule, J., Beaumont v. Greathead (1846), 3 D. & L. 636.
- "Nominal damages," is a technical phrase which means that you have negatived anything like real damage, but that you are affirming by your nominal damages that there is an infraction of a legal right which, though it gives you no right to any real damages at all, yet gives you a right to the verdict or judgment because your legal right has been infringed. But the term "nominal damages" does not mean small damages. The extent to which a person has a right to recover what is called by the compendious phrase damages, but may be also represented as compensation for the use of something that belongs to him, depends upon a variety of circumstances, and it certainly does not in the smallest degree suggest that because they are small they are necessarily nominal damages. Of course, the whole region of inquiry into damages, is one of extreme difficulty. You very often cannot even lay down any principle upon which you can give damages; nevertheless, it is remitted to the jury, or those who stand in place of the jury, to consider what compensation in money shall be given for what is a wrongful act.
- Earl of Halsbury, L.C., Owners of Steamship "Mediana" v. Owners, Master, and Crew of Lightship "Comet" (1900), L R. App. Ca. [1900], H. L. 116.
- An ejectment is an ingenious fiction, for the trial of titles to the possession of land.
- Lord Mansfield, Fair-claim, &c. v. Sham-title (1761), 3 Burr. Part IV., p. 1294; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 79.
- This case of removing a man who lives upon his own, is a case of a tender nature: and the Court ought not to give too readily in to it.
- Lord Hardwieke, Rex v. Inhabitants of Sundrish (1734), Burrow (Settlement Cases), 9; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 79.
- The King has no interest in this money : he is only Royal trustee for the party.
- Lord Mansfield, Rex v. Eyres (1766), 4 Burr. Part IV. 2119; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 94.
Payment into Court
[edit]- I have looked into the books in order to discover the origin of the proceeding of paying money into Court, but without being able to fix the period of its commencement, though I think it highly probable that it took its rise early in the present century.
- Heath, J., Gutteridge v. Smith (1794), 2 H. B. 376; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 193-194.
- Specific performance is relief which this Court will not give, unless in cases where the parties seeking it come promptly, and as soon as the nature of the case will permit.
- Lord Cranworth, Eads v. Williams (1854), 4 D. M. & G. 691; quoted by Stirling, J., in Levy v. Stogdon (1898), 1 Ch. D. [1898], p. 484; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 226-27.
