Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Legal Remedy. As previously stated the law’s guaranty of a legal right is to give the person entitled thereto capacity to control the conduct of others with regard thereto. The practical method of exercising such control is to give to the person having the legal right an appropriate remedy against anyone who violates the right to the injury of its possessor. We may, therefore, define a legal remedy as control lawfully exercised over an actual, or attempted wrongdoer by which he is compelled to discharge a legal duty resting upon him, or is prevented from violating some legal right in another or is made to pay to the party injured by his wrongdoing, the damages directly resulting therefrom.10 In the great majority of cases in tort law, the remedy is limited either to the prevention of threatened wrong or the payment of damages directly occasioned by the wrong. In the early stages of the law, the conception of tort was limited to cases in which common law courts would give damages as a remedy. This conception was embedded in the law by numerous decisions, and text writers, particularly in their efforts at definition. The law in its American development has grown away from this view and with us many wrongs, which are unquestionably recognized as torts, may be made the basis of a suit in equity for the purposes of preventing imminent injury.11 10. Stanley v. Earl, 5 Litt (Ky.), 282?15 Am. Dec., 66 (1824); Robinson v. Steamboat Red Jacket, 1 Mich, 175; Vance v. Vander- cook Co., 170 U. S., 408?18 Sup. Ct. Rep., 645 (1898); Bouvier'a Law Dictionary, Remedy. 11. See Cases Note 2, Chapter 2. Affirmative View of a Tort. From the foregoing we conclude that the legal conception of a tort, presented affirmatively, is an act or omission violative of a private right exis…
