Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing. It is often a requirement that legal damages be unavailable before a court will decide to issue equitable relief.

What is an equitable argument?

adj. 1 impartial or reasonable; fair; just. an equitable decision. 2 (Law) relating to or valid in equity, as distinct from common law or statute law. 3 (Law) (formerly) recognized in a court of equity only, as claims, rights, etc.

What are three forms of equitable damages?

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

What are examples of equitable relief?

Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft. A common form of equitable relief is the canceling of a contract, which ends all terms and obligations, allowing both parties to return to their pre-contract status.

What claims are equitable?

Equitable Claims A court awards an injunction to prevent a future harmful action — rather than to compensate for a past injury — or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate.

What is an equitable cause of action?

Under these principles, courts have ruled that a wide variety of causes of actions constitute actions for equitable relief, including injunctions, disgorgement of wrongdoers’ ill-gotten gains, restitution of illegally obtained profits, divestiture or dissolution, appointment of a receiver and others to assist the court …

What do you mean by Equitable?

1 : having or exhibiting equity : dealing fairly and equally with all concerned an equitable settlement of the dispute. 2 : existing or valid in equity as distinguished from law an equitable defense.

What are the main equitable remedies?

The most important equitable remedies are decrees of specific performance and injunctions. Under an order of specific performance, one party to a contract is ordered to perform their contractual obligations. … An injunction is a court order to a party to refrain from doing, or possibly to do, a particular act.

What are the two most common equitable remedies and give an example of each?

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. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).

What are equitable defenses?

Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.

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What is an equitable right in property?

Related Content. A beneficial interest in real property that gives the title holder the right to acquire legal title to the property. Equitable title holders cannot transfer legal title to real property, but they derive benefits from the property’s appreciation in value.

What is the role of equity?

The role of equity was to uphold standards of conduct in any interaction, even those bound by contractual obligations, to step in and prevent any gain being made out of any pos- ition of trust and reliance.

What does equitable compensation mean?

the remedy by which equity awarded a money sum to a claimant, similar in some respects to damages at common law.

What are equitable actions?

A resolution or remedy (court action / an arrest) to an issue or claim (threatened illegal action) not completely satisfactory to one (the criminal), more (the courts), or all (those threatened) involved parties, but, is ethically, legally just and reasonable for the situation in hand (preventing hurt or damage to the …

What does equity over equality mean?

Though often used interchangeably, equality and equity are quite different. … Equality simply means everyone is treated the same exact way, regardless of need or any other individual difference. Equity, on the other hand, means everyone is provided with what they need to succeed.

What is difference between legal and equitable?

The status of an interest in land as either legal or equitable traditionally determined the rules of enforcement of that interest against third parties: legal interests bound all third parties, whereas equitable interests would only bind third parties who were not bona fide purchasers for value of a legal estate …

What's an example of equitable?

The definition of equitable is something that is fair to all parties. When marital assets are split fairly in a divorce, this is an example of an equitable arrangement.

What is the difference between equity and equitable?

Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome. … The equitable solution, however, allocates the exact resources that each person needs to access the fruit, leading to positive outcomes for both individuals.

What does Equitable mean in law?

Equity is understood by others as a better form of justice due to giving a specific judgement. Equity can be understood generally as justice and fairness. Arguably this can only be achieved if there is certainty within the law, as without the strict rules of law there would not be universal justice and fairness.

Are damages equitable remedies?

In general, remedies are typically divided into two categories: legal remedies and equitable remedies. Legal remedies are those that allow the non-breaching party to recover compensatory (i.e., money) damages. On the other hand, equitable remedies are actions that a court must prescribe.

What is equitable right in jurisprudence?

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.

Is forfeiture an equitable remedy?

A form of equitable relief that may be granted by a court to remedy the loss of a legal estate, interest in land or other proprietary interest. In a property law context, relief against forfeiture may be granted to allow a tenant to return and re-occupy premises re-entered by a landlord.

Is the high court bound by the Court of Appeal?

So for example the Court of Appeal is not bound to follow earlier decisions of the High Court on the same point. Courts are bound by the decisions of courts that are higher in the hierarchy.

Is equity past the age of childbearing?

“Equity is not past the age of child bearing” (per Lord Denning MR, Eves v Eves [1975] 1 WLR 1338, CA ): … The effi cacy of equity was largely due to its ability to adapt and innovate, yet inevitably, this development itself became regulated in a similar way to the development of the common law.

What is equitable estoppel in law?

Equitable Estoppel — a judicial doctrine by which a litigant may be prevented, or “stopped,” from raising an argument or a legal defense in a lawsuit.

Is ratification an equitable defense?

Equitable theories, such as estoppel, waiver, and ratification, are subject to traditional equitable defenses.

What is failure to mitigate damages?

Failure to mitigate damages is an affirmative defense in a personal injury case. This means the defendant admits (or affirms) they were negligent, but points out that the fact the plaintiff failed to take steps to prevent or minimize injury should be considered.

Is consent an equitable defense?

Consent is an affirmative defense that may be available to you if you are being sued for an intentional tort. … However, if the act in question exceeds the consent you have given, then it may be an intentional tort.

Can someone with equitable interest sell the property?

Equitable title establishes the person’s financial interest in the property. This is why a property investor can hold equitable title and list a property without having legal title. However, they cannot actually sell the property.

What is equitable estate?

An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.

What is equitable property and how is it different from legal property?

In general, equitable title gives a person the right to use the land and enjoy the benefits that come along with its ownership. Legal title does not necessarily grant these rights. Equitable title does not allow the titleholder to sell or transfer ownership. Legal title is the only title that can do this.