Remedy

Remedy is the means by which the violation of a right is prevented, redressed or compensated. Remedies are of four kinds:
(1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure;
(2) by operation of law, as in the case of retainer and remitter;
(3) by agreement between the parties, e. p., by accord and satisfaction and arbitration; and
(4) by judicial remedy, e. g., action or suit Sweet See Knapp v. McCaffrey, 177 U. S. 638, 20 Sup. Ct 824, 44 L. Ed. 921; Missionary Soc. v. Ely, 56 Ohio St 405, 47 N. E. 537; U. S. v. Lyman. 26 Fed. Can. 1,024; Frost v. Witter, 132 Cal. 421, 64 Pac. 705, 84 Am. St. Rep. 53. Also a certain allowance to the master of the mint, for deviation from the standard weight and fineness of coins. Enc. Lond.

— Adequate remedy. See Adequate.

— Civil remedy. The remedy afforded by law to a private person in the civil courts in so far as his private and individual rights have been injured by a delict or crime; as distinguished from the remedy by criminal prosecution for the injury to the rights of the public.

— Cumulative remedy. See Cumulative.

— Extraordinary remedy. See Extraordinary.

— Legal remedy. A remedy available, under the particuiar circumstances of the case, in a court of law, as distinguished from a remedy available only in equity. See Slate v. Sneed, 105 Tenn. 711, 58 S. W. 1070.

— Remedy over. A person who is primarily liable or responsible, but who, in turn, can demand indemnification from another, who is responsible to him, is said to have a "remedy over." For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a "remedy over" against the person whose act or negligence caused the defect, and such person is said to be "liable over" to the city. 2 Black, Judgm. § 575.