Equitable remedies in legal cases include specific performance, injunctions, rescission, and restitution. These remedies are used to provide fairness and justice in situations where monetary damages may not be sufficient.
Equitable remedies were developed in England by the Court of Chancery (a court of equity) during the time of Henry VII. These judicial remedies continue to be granted today in certain cases.
Edward Domenic Re has written: 'Selected essays on equity' -- subject(s): Equity 'Foreign confiscations in Anglo-American law' -- subject(s): Confiscations, Conflict of laws 'Cases and materials on equity and equitable remedies' -- subject(s): Cases, Equitable remedies, Equity '1984 Supplement to Cases and materials on remedies' 'Teachers' manual to accompany cases and materials on remedies' 'Remedies' -- subject(s): Cases, Equitable remedies, Equity 'Appellate opinion writing' -- subject(s): Appellate procedure, Judicial opinions
Equitable remedies in legal cases seek fairness and justice by providing remedies beyond monetary compensation. Examples include injunctions, specific performance, rescission, and restitution. These remedies aim to restore parties to a position of fairness and prevent unjust enrichment.
Individuals have the right to seek remedies such as damages, specific performance, or cancellation of the contract in cases of breach. These remedies aim to compensate the non-breaching party for losses incurred due to the breach of contract.
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.
Kenneth H. York has written: 'Cases and materials on remedies' -- subject(s): Cases, Remedies (Law) 'Teachers manual for cases and materials on remedies'
People have different experience, but in most of the cases they are.
Legal remedies is essentially a request for money damages (in return for plaintiff's loss, defendant pays money). Equitable remedies are orders for the defendant to do some act, or refrain from doing some act - injunction and specific performance are the two most common equitable remedies.
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
Equitable relief and injunctive relief are both types of remedies sought in legal cases. Equitable relief typically involves actions that aim to address fairness and justice, such as specific performance or restitution. Injunctive relief, on the other hand, involves court orders that require a party to do or refrain from doing something. In cases involving disputes or breaches of contract, equitable relief may be sought to ensure that the parties are treated fairly and justly, while injunctive relief may be used to prevent further harm or enforce specific terms of the contract.
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Douglas Laycock has written: 'Modern American remedies' -- subject(s): Cases, Remedies (Law)