Overview and Issue Spotting: Remedies

Remedies are the ultimate "let's cut to the chase" topic for attorneys. Many times, when a client describes how they feel they have been wronged, the first thing a lawyer asks is: "Well... what are your damages?" Why? Because generally speaking, if you have no damages, then the court isn't interested in helping you. Why? Because if you have no damages, then what is a court supposed to do to help the situation? Award you a hug?

To spot a remedies related question, first, look for a question involving torts, contracts, or property, because they are the most common. Second, look for language like "remedies", "relief", or mentions of a specific remedy. Third, determine the substantive area(s) of law involved, and the type of problem that is at issue within that area. Fourth, determine whether plaintiff will win (or at least whether they have a good argument). Finally, determine which remedies require discussion: (a) legal remedies; (b) restitutionary remedies; or (c) equitable remedies.