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.
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 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.
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.
In law, the power extends to cases involving the enforcement of statutory rights and obligations, such as contracts, torts, and criminal matters. In equity, the power extends to cases where legal remedies are insufficient, focusing on fairness and justice, such as specific performance, injunctions, and equitable estoppel. Courts of equity can provide remedies that are more flexible and tailored to individual circumstances. Together, law and equity ensure a comprehensive approach to justice, addressing both strict legal rights and equitable considerations.
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.
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.
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
Cases of equity refer to legal disputes resolved by principles of fairness and justice, rather than strictly adhering to common law. These cases often involve issues such as injunctions, specific performance, and trusts, where monetary damages may not suffice. Historically, equity courts were established to provide remedies in situations where legal remedies were inadequate, addressing matters like property rights, family law, and contractual obligations. Examples include cases seeking to enforce a promise or prevent harm through equitable relief.