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Remedies at law are generally paid in some amount of money whereas equitable remedies result in a court ordering one party to do (or not do) some action, e.g., an injunction.
: Equitable remedies, unlike remedies at law, are granted at the sole discretion of a judge. A jury is not involved. Equitable awards also require that the person seeking equitable relief must have acted in good faith in the matter at hand (i.e., he who asks for equitable relief must come before the court "with clean hands"). : Equitable remedies (I am excluding preliminary relief) are sought in those cases when money damages will not make a party "whole" in the eyes of the law, or where the other party has been unjustly enriched. Accordingly, it is not uncommon for courts to require the seller's performance of a contract to sell land to the petitioner if the seller has tried, unlawfully or unfairly, to back out of the deal. That is because, in the eyes of the law, land is unique: no amount of money will compensate for a seller's failure to sell a particular parcel of land he lawfully contracted to sell. : Sometimes equitable remedies are sought in cases where the strict imposition of the law would result in a great injustice to the person seeking equitable relief. The maxim that applies to this case is "Equity abhors a forfeiture." The existence of equitable remedies is an acknowledgement by the legal system that even when a legal remedy exists, there are a few cases in which the legal remedy (adhering to the letter of the law) would produce an unjust result. These situations are relatively rare, but they do occur.
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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.
Difference between common law and equity?
common law also make by artificially and equity make atumetically
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 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
Discuss equity as a source of law?
Courts in Britain sat either in law or in equity. Courts in the United States frequently have both types of status or power. Legal remedies are essentially monetary in nature. Equitable remedies ordinarily require action instead of money. For instance, an injunction or temporary restraining order is an equitable remedy.
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.
What has the author B M Gandhi written?
B. M. Gandhi has written: 'Hindu law' 'Equity, trust, and specific relief' -- subject(s): Trusts and trustees, Equitable remedies, Equity 'Law of tort' -- subject(s): Torts
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.
What is common law and equity?
Common law is a body of legal precedent compiled by past court decisions. These decisions become the rules that common law judges use to decide legal disputes. Courts of equity provide a remedy when common law courts decide a case constitutes an inequitable situation. The common law court determines things are legally unbalanced between two parties; the court of equity provides equalizing relief. Equity to common law tends to reduce any injustice caused by the strict application of the common law and mitigates
When and who introduced remedies for breach of contract?
The answer to this question may vary depending on your jurisdiction. In general, at common law, breach of contract remedies come in two flavor: legal, and equitable. Equitable remedies evolved through the Courts of Equity (shock!) in England; legal through the Courts of Law. To grossly oversimplify, the court of law is based upon the written laws and statutes; the courts of equity, on what is "fair." The remedies were introduced over literally hundreds of years by a number of legislative bodies and courts. By comparison, most states in the United States provided breach of contract remedies in their statutes. You can actually look up each statute and see who introduced it, and when.
What is equity law where did it come from?
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
What is civil law give a sentence?
Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.
