---
title: "Declaratory Judgment"
type: Legal Term
source: https://casebriefly.com/legal-terms/declaratory-judgment
---

# Declaratory Judgment

A declaratory judgment is a judicial determination of the rights, duties, or obligations of the parties under a contract, statute, or other legal instrument, without ordering any specific performance or awarding damages. Authorized by the federal Declaratory Judgment Act (28 U.S.C. Sections 2201-2202) and analogous state statutes, this remedy allows parties to resolve legal uncertainties before a breach or injury occurs. Courts have discretion to grant or deny declaratory relief and will typically do so only when there is an actual controversy ripe for adjudication. A declaratory judgment can serve as the predicate for subsequent coercive relief, such as an injunction or damages, if the declared rights are later violated.

## Related Terms

- injunction-permanent
- rescission
- reformation

## Related Cases

- boomer-v-atlantic-cement

## Example

An insurer filed for declaratory judgment to establish that its policy did not cover the type of environmental contamination alleged in a pending toxic tort lawsuit against its insured.

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Source: [Declaratory Judgment — CaseBriefly](https://casebriefly.com/legal-terms/declaratory-judgment)