What is meant by equitable relief? Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution.
What are the 3 equitable remedies? There are three types of equitable remedies: specific performance, injunction, and restitution.
What does injunctive or equitable relief mean? When a court awards a nonmonetary judgment, such as an order to do something (mandamus or specific performance) or refrain from doing something (injunction), when monetary damages are not sufficient to repair the injury.
What do you mean by equitable remedies? The practice of granting equitable remedies came about to compensate for the inadequacies of the common law courts which could not grant remedy if the affected party wanted the performance of the contract or wanted to prevent the commission of a wrong threatened.
What is meant by equitable relief? – Related Questions
What is an example of equitable relief?
A common form of equitable relief will order the rescission of a contract, which cancels all terms and obligations and restores both parties to their pre-contract position. For example, gag orders, which prevent a party from publishing sensitive information, are often issued in cases of intellectual property theft.
What is an equitable wrong?
3. 3. The term “equitable wrongs” is used generically to encompass breach of fiduciary duty and equitable breach of confidence, but does not include the retention of an unjust enrichment by a non-fiduciary or a non-confidant.
What are the two types of remedies?
There are two general categories of remedies—legal and equitable. In the category of legal remedies are damagesMoney paid by one party to another to satisfy a liability.. Damages are money paid by one party to another; there are several types of damages.
Why is equitable remedy used?
Equitable remedies are personal and exercised against a specified individual. The remedy prevents the specified individual from acting unconscionably and strikes at the defendant’s conscience and conduct. Equitable remedies will be refused if the court cannot ensure that they will be observed.
What is the difference between equitable and legal remedies?
While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.
What is an equitable cause of action?
Pursuing That Which Is Fair On Your Behalf. Equitable actions can be thought of as claims based on fairness. The court is essentially asked to do justice where it is so required.
What is equitable or declaratory relief?
However, Declaratory relief is an equitable remedy in that it may not be always be offered if the situation does not warrant it. Declaratory relief refers to a court’s judgment stating the rights of parties without ordering any specific action or listing awards for damages.
What are the grounds for an injunction?
In what circumstances can a party apply for an injunction
Can you exclude equitable remedies?
∎ Equity is subject to terms of parties’ contract and can be excluded by contract: Ozton Pty Ltd v Cromwell Seven Hills Pty Ltd [2016] NSWSC 1339. Equitable remedies are broad in scope, flexible and direct in application, and supplement remedies provided by common law.
What is the nature of equitable remedies?
Remedies are also categorized as equitable or legal in nature. Monetary damages awarded to a plaintiff because they adequately compensate him or her for the loss are considered a legal remedy. An equitable remedy is one in which a recovery of money would be an inadequate form of relief.
What are equitable rights and interests?
An equitable right is a legal right guaranteed by equity as opposed to a legal right which derives authority from a legal source. An example of an equitable right could be seen in Land law, where mention is made of a beneficial interest i.e. vested interests in an estate which are protected by equity.
What are damage awards?
An award of damages is intended to compensate a plaintiff, the injured person bringing the lawsuit, so that they are in the same position they would have been had the injury not occurred. This award may include a number of economic and non-economic considerations.
What does equitable estoppel mean?
More simply put, equitable estoppel is generally words or conduct which cause another person to believe a certain state of things exists and to consequently change his or her position in an adverse way.
What is the difference between equitable relief and injunctive relief?
A plaintiff who seeks equitable relief is asking the court for an injunction. An injunction is a court order compelling a party to do or refrain from doing a specified act. The neighbors can sue the City Council, and ask the court to issue a preliminary or permanent injunction to block the law from taking effect.
What equitable means?
1 : having or exhibiting equity : dealing fairly and equally with all concerned an equitable settlement of the dispute.
Is a declaration equitable relief?
While pure declaratory relief is a creature of equity, the court may need to make a declaration on the way to granting some other substantive relief, or to dispose of an equitable claim for which the court has jurisdiction.
What Is injunction relief?
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.
