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An equitable remedy is different from a (money) damages remedy, usually because no amount of money would solve the plaintiff's problem. In other cases, such as contract modification, it is more efficient to restate the agreement than to guess at what the parties' damages might be.
Wiki User
∙ 16y ago
Wiki User
∙ 15y agoEquity allows a judge to "do what must be done" to insure justice. Law only allows the award of money damages.
Wiki User
∙ 14y agoEquitable remedies include, injunctions, specific performance, rectification, rescission
Wiki User
∙ 14y agoA. award only monetary damages
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Is recission a legal or an equitable remedy?
Rescission is an equitable remedy. Legal remedies deal in monetary damages. Rescission of a contract puts both parties back into their position before the contract.
What is the equitable remedy of Specific Performance?
Yes, and restitution. Many remedies are available for breach contract.
What is an injuction?
An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts.
Advantages and disadvantages of equity in English law?
"Equity law" or more appropriately, "equitable relief", is not directly comparable to "common law." The real question is what is the difference between "equitable relief" and "legal relief: as reasons for filing a law suit. "Legal relief" is mainly compensation for a loss in the form of money damages. One example is in a negligence action, the plaintiff seeks money damages for personal injuries or other losses that can be quantified in dollars. "Equitable relief" constitutes something a court would order a party to do to either to prevent a loss or compensate a loss in some way other than simple money damages where legal relief , i.e. money damages, is deemed inadequate to properly remedy a situation. Equitable relief includes injunctions in labor disputes, partitions of real property, specific performance of contracts, reformation of contracts, setting aside invalid wills, divorces and various other matters where the court orders something to be done rather than entering a judgment for money damages. Some special aspects of equity law are that it requires that the claimant be free any inequitable action of its own, that no equitable relief can be given if there is an adequate remedy in legal relief and that equitable relief is flexible enough to allow a court to devise a remedy that may be appropriate under all of the circumstances. In common law England, actions involving legal relief were dealt with in the king's courts whereas actions dealing with equitable relief were dealt with in the chancery courts or church tribunals. Even though different courts dispensed different types of relief, both became precedent for future cases therefore both were separate parts of the body of common law.
What are the remedies in a cause of action in tort law?
Damages, primarily. At equity, mandatory injunctions, negative injunctions, equitable accounting, equitable tracing, the list goes on and on.
Is monetary damages an equitable remedy under contract law?
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
Is recission a legal or an equitable remedy?
Rescission is an equitable remedy. Legal remedies deal in monetary damages. Rescission of a contract puts both parties back into their position before the contract.
Is an interim injunction a legal or equitable remedy?
Injunctions are equitable remedies, they are not remedies which the claimant has a right to and are therefore given at the discretion f the court.
Equitable remedies are available anytime the plaintiff chooses them over money damages?
If the plaintiff ASKS for, or agrees to ACCEPT, an equitable remedy, this could be true statement.
What the purpose of a suit in equity?
A suit in equity refers to a legal action whereby the plaintiff seeks an equitable remedy.
What the conduct of litigation?
a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.
What is a petition for mandamus?
how do i get the free form and where in the city of milwaukee wi
What is the equitable remedy of Specific Performance?
Yes, and restitution. Many remedies are available for breach contract.
What is an injuction?
An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts.
Are Laws are classified as procedural and equitable?
No, laws are not procedural or equitable
When was Palais Equitable created?
Palais Equitable was created in 1891.
When was Scottish Equitable created?
Scottish Equitable was created in 1831.
