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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
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.
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 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.
Equitable remedies in arbitration?
Equitable remedies in arbitration refer to judicial measures that are not strictly monetary, aimed at ensuring fairness and justice in resolving disputes. These remedies can include injunctions, specific performance, or rescission, and are particularly relevant when monetary damages are insufficient to address the harm. Arbitrators have the discretion to grant such remedies based on the principles of equity, although the availability and scope may depend on the arbitration agreement and governing laws. Ultimately, equitable remedies serve to provide a more comprehensive resolution to disputes by addressing the underlying issues more effectively than traditional legal remedies.
Equitable remedies for men and women different?
Ideally, the equitable remedies issued in the courts should not differ according to the gender of the plaintiff. However, remedies do tend to differ for men and women because juries tend to be biased.
What are the four pillars of democracy?
The four pillars of democracy actually are freedoms, representation, equity, and justice for Canada.
