Question: What Is An Example Of Equitable Relief?

What is an equitable remedy example?

The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the ….

What is an example of equity law?

An example of this is if someone is infringing on a trademark of yours, you can get monetary damages for the loss, but your business could be ruined if they continue. Equity is the additional solution that allows a court to tell another person to stop doing something via an injunction, among other things.

What is the principle of equity?

Equity proceeds in the principle that a right or liability should as far as possible be equalized among all interested. In other words, two parties have equal right in any property, so it is distributed equally as per the concerned law.

What is difference between common law and equity?

Common law and equitable right has two different function in that, common law establishes general rules which provide certainty, while, equitable rights acts as a check and balance of common law. This arises from the strict application of the common law.

What is common law equity?

Equity, in Anglo-American law, the custom of courts outside the common law or coded law. Equity provided remedies in situations in which precedent or statutory law might not apply or be equitable.

What is the difference between equitable and legal remedies?

Legal remedies are ones that allow the party not in breach to recover money, whereas equitable remedies involve resolution through non-monetary solutions. Equitable remedies are actions rather than a financial award.

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.

What do you mean by equitable remedies?

The courts have determined are a variety of equitable remedies, but the principal remedies are: Injunction, Specific performance, Account of profits, Rescission, Declaratory relief, Rectification, Equitable estoppels, Subrogation[iii]. The most popular ones were injunctions and specific performance.

Thus, the rule that emerged was that legal claims must be tried before equitable ones and before a jury if the litigant so wished. In Ross v. Bernhard, 48 the Court further held that the right to a jury trial depends on the nature of the issue to be tried rather than the procedural framework in which it is raised.

What is equitable relief in law?

Courts generally favour legal remedies for breach of contract, but they have the discretion to award equitable relief if legal damages are inadequate to compensate the aggrieved party for its losses. …

What is an equitable cause of action?

Many people think that winning a lawsuit means winning money. That isn’t always the case. There are two types of claims: legal and equitable. While plaintiffs pursuing a legal claim ask a court to award money, litigants bringing an equitable claim ask a court to either prompt or stop a particular action or event.