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Identify and describe remedies available in equity?
identify and describe remedies availagle in equity
How do remedies at law differ from remedies in equity)?
Remedies at law are typically monetary compensations awarded by a court whereas remedies in equity are non-monetary remedies such as injunctions, specific performance, or rescission. Remedies at law focus on providing monetary relief for damages caused, while remedies in equity seek to enforce fairness and remedies beyond mere money damages. In some legal systems, there is a distinction between the two types of remedies, with historical roots in English common law.
What has the author Edward Domenic Re written?
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
In law and equity what cases does their power extend?
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.
When common law and equity conflicts what prevails what is the historical reson?
In cases where common law and equity conflict, equity prevails. This principle was established to ensure fairness and justice in legal disputes. It originated from the historical separation between courts of law and courts of equity in England, where equity developed to provide remedies when the strict application of common law would lead to injustice.
Equity will not suffer a wrong to be without a remedy?
The principle that "Equity will not suffer a wrong to be without a remedy" reflects the fundamental purpose of equitable law, which is to provide justice and fairness when legal remedies are inadequate. Equity seeks to address situations where strict legal rules may lead to unjust outcomes, ensuring that individuals have access to relief when they have been wronged. This principle emphasizes the importance of fairness in the legal system, allowing courts to intervene and provide remedies tailored to the specific circumstances of a case. Ultimately, it underscores the belief that everyone should have a means to seek redress for grievances.
What has the author Charles Andrews Houston written?
Charles Andrews Huston has written: 'The enforcement of decrees in equity' -- subject(s): Equitable remedies, Equity
What are the modern development of equitable remedies?
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.
What has the author Harry B Hutchins written?
Harry B. Hutchins has written: 'Lectures on equity jurisprudence' -- subject(s): Addresses, essays, lectures, Equity 'Lectures on equity jurisprudence, sr' -- subject(s): Equitable remedies, Equity
What are cases of equity?
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.
What is the doctrine of equity in received law?
The doctrine of equity in the received law refers to the principles of fairness and justice that supplement strict legal rules. It allows courts to consider individual circumstances and provide remedies that are not available through common law. This doctrine aims to prevent injustice and ensure a fair resolution of disputes.
How was equity introduced into law?
Equity was introduced into law as a response to the rigidities and shortcomings of common law in medieval England. When individuals sought remedies that common law could not provide, they petitioned the king for justice, leading to the establishment of the Court of Chancery. This court applied principles of fairness and moral justice, allowing for more flexible remedies such as injunctions and specific performance. Over time, equity became a distinct body of law that complemented common law, addressing issues of fairness and providing relief in cases where strict legal rules were inadequate.
