What is declaratory relief?

Googled


declaratory relief
n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed for) in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter.

mf
 
mf1 said:
Googled


declaratory relief
n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed for) in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter.

mf
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Wow mf1 - I read that five time and I still don't get it! This is exactly why I used to fall asleep in Double Business Law lectures!
 
Taking the example - if, for example, there is no actual contract, then neither party could sue on it, or if there was a stipulated alternative procedure before Court, then a Judge ( without deciding the nuts and bolts of the case) could direct them in that direction.

It can be very helpful - e.g. if money is owed by a Company but a creditor tries to sue a director, you could seek declaratory relief on the grounds that the creditor has no cause of action against a director.

mf
 
mf1 said:
Taking the example - if, for example, there is no actual contract, then neither party could sue on it, or if there was a stipulated alternative procedure before Court, then a Judge ( without deciding the nuts and bolts of the case) could direct them in that direction.

It can be very helpful - e.g. if money is owed by a Company but a creditor tries to sue a director, you could seek declaratory relief on the grounds that the creditor has no cause of action against a director.

mf
Click to expand...

Just for my own erudition - so is it fair to say that Declatory Relief is getting a judge to rule or opine on a point of law rather than the entire case? Would both sides have to agree to seek declatory relief?
 
Nope. Either party can go to court for declaratory relief. It's generally one of a number of reliefs sought, so there might well be a claim to damages as well. People generally use it to get a declaration that they are entitled to something or a declaration that rights have been breached.
 
Yes sorry - forgot my manners - thanks to mf1 and hope4711 for the explanation.
 
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