What are the 3 equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

What are equitable remedies examples?

Examples of Equitable Remedies

• Specific performance.
• Injunction.
• Restitution.

What is the difference between legal and equitable remedies?

While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.

What is equitable remedy for dummies?

Equitable remedies are actions that the court prescribes which will serve to resolve the breach or dispute. Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing.

What are the two types of equitable remedy?

The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).

What is an equitable wrong?

The term “equitable wrongs” is used generically to encompass breach of fiduciary duty and equitable breach of confidence, but does not include the retention of an unjust enrichment by a non-fiduciary or a non-confidant.

Why do courts rely on equitable remedies?

Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

What are equitable causes of action?

Under these principles, courts have ruled that a wide variety of causes of actions constitute actions for equitable relief, including injunctions, disgorgement of wrongdoers’ ill-gotten gains, restitution of illegally obtained profits, divestiture or dissolution, appointment of a receiver and others to assist the court …

Why is equitable remedy used?

The aim of the equitable remedy is to “do more perfect or complete justice” (Wilson v Northampton and Banbury Junction Railway Co [1874]). The common law remedy of damages for breach of contract is an example of a remedy that is available as of right.

In which court can equitable rights be enforced today?

Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies.

What does Equitable mean in law?

Equity is understood by others as a better form of justice due to giving a specific judgement. Equity can be understood generally as justice and fairness. Arguably this can only be achieved if there is certainty within the law, as without the strict rules of law there would not be universal justice and fairness.

What is meant by equitable relief?

Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution.

Legal remedies are ones that allow the party not in breach to recover money, whereas equitable remedies involve resolution through non-monetary solutions. Equitable Remedies. Equitable remedies are actions rather than a financial award. They are often granted when monetary compensation or other legal remedies do not provide an adequate resolution.

Why does the law provide for equitable remedies?

Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

What is an example of an equitable remedy?

One example of an equitable remedy is an injunction. An injunction is granted when money wouldn’t be enough to make the plaintiff whole again; in other words, if the defendant does something unfair and money can’t fix it, an equitable remedy is more appropriate.

What is injunctive vs. equitable relief?

Generally speaking, equitable relief is when a court issues any form of relief other than monetary damages. Injunctive relief is a form of equitable relief where a court orders a party to do something or to refrain from doing something…

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