remedial laws

remedial laws or statutes

Legislation providing means or method whereby causes of action may be effectuated, wrongs redressed and relief obtained is "remedial". Schmitt v. Jenkins Truck Lines, Inc., 260 Iowa 556, 149 N.W.2d 789, 792.

Statutes which afford a remedy, or improve or facilitate remedies already existing for enforcement of rights and redress of injuries. Chappy v. Labor and Industry Review Com'n, App., 128 Wis.2d 318, 381 N.W.2d 552, 556.

Those statutes which pertain to or affect a remedy, as distinguished from those which affect or modify a substantive right or duty. Perkins v. Willamette Industries, Inc., Or., 542 P.2d 473, 475.

Those designed to correct imperfections in the prior law and to cure a wrong where an aggrieved party had an ineffective remedy under existing statutes. Application of City of New York, 71 Misc.2d 1019, 337 N.Y.S.2d 753, 756.

One that intends to afford a private remedy to a person injured by the wrongful act. That which is designed to correct an existing law, redress an existing grievance, or introduce regulations conducive to the public good. A statute giving a party a mode of remedy for a wrong, where he had none, or a different one, before. One which furnishes new remedy to claimant who has suffered injustice due to technical requirements of general statute. In re McCracken's Estate, 9 Ohio Misc. 195, 224 N.E.2d 181, 182.

The underlying test to be applied in determining whether a statute is penal or remedial is whether it primarily seeks to impose an arbitrary, deterring punishment upon any who might commit a wrong against the public by a violation of the requirements of the statute, or whether the purpose is to measure and define the damages which may accrue to an individual or class of individuals, as just and reasonable compensation for a possible loss having a causal connection with the breach of the legal obligation owing under the statute to such individual or class.

See also curative (curative statute)