What is an example of an equitable remedy?

What is an example of an equitable remedy?

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 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 are the two types of equitable remedies?

The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone.

What is the difference between a legal remedy and an equitable remedy?

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 are the 3 equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

What is an equitable wrong?

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.

Why is equitable remedy used?

The aim of the equitable remedy is to “do more perfect or complete justice” (Wilson v Northampton and Banbury Junction Railway Co [1874]). The common law remedy of damages for breach of contract is an example of a remedy that is available as of right.

What is a legal remedy example?

Remedies in Law When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. For example, suppose you hire and pay someone to clean your house for $100, but he is unable to do it.

Are injunctions equitable remedies?

An injunction is an equitable remedy, is therefore available only in cases of in-personam jurisdiction, and not in in-rem or quasi-in-rem jurisdiction.

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. There are numerous equitable claims and defenses available under Florida law within the scope of business litigation.

What is equitable estoppel in law?

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 are three types of damages?

3 types of damages in personal injury cases: general damages, special damages, and punitive damages. General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole.

What is the difference between legal and equitable 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. Equitable remedies are actions rather than a financial award. They are often granted when monetary compensation or other legal remedies do not provide an adequate resolution.

Why does the law provide for equitable remedies?

Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

What is injunctive vs. equitable relief?

Generally speaking, equitable relief is when a court issues any form of relief other than monetary damages. Injunctive relief is a form of equitable relief where a court orders a party to do something or to refrain from doing something…

Is restitution an equitable remedy?

Restitution may be either a legal remedy or an equitable remedy, “depend[ing] upon the basis for the plaintiff’s claim and the nature of the underlying remedies sought”. Generally, restitution is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e.,…