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.
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 …
- Specific performance.
Equitable remedies are broad in scope, flexible, direct in application and supplement the common law. Unlike common law remedies, equitable remedies are not constrained by concepts such as remoteness of damage or causation, thereby enabling equity to go beyond the common law in redressing loss and damage.
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. This is the remedy Jenny would want in the first scenario, as this would mean she could get the house she wants.
Injunctions: An Overview. An injunction is a court order requiring an individual to do or omit doing a specific action. … 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.
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.
Equitable remedies are a particular set of remedies that can be issued by a court during a breach of contract case. … They are often used in order to help resolve a substantial breach or contract dispute when money damages would be considered insufficient to resolve the issue or protect the parties from harm.
b) Quantum meruit refers to an equitable claim for restitution for the unjust enrichment of the defendant. In the case of a terminated, but previously valid contract, the unjust enrichment element is satisfied where work has been performed, but a right to payment has not yet accrued.
An introduction to various remedies available in equity, including rectification, specific performance, injunctions, estoppel, account of profits, subrogation, rescission, declarations and liens.
Rectification and Specific Performance are what is called equitable remedies. The Supreme Court of Western Australia inherited the jurisdiction of the English common law Courts and also of the English Courts of Equity, combining both jurisdictions into a single Court.
Equitable relief, also referred to as an equitable remedy, is a type of court-ordered relief for an aggrieved party that is used when ordinary legal remedies – such as awarding damages – are considered inadequate justice for the suffering party.
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.
The appellees contended that since equity may award compensatory damages as incidental relief, it is reasonable and consistent with equitable principles to grant full relief by going on, in a proper case, to award punitive damages as well.
Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the agreement. Rescission occurs by mutual consent or following unilateral notice with an offer to restore from the rescinding party under certain statutory conditions.
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.
The most frequent equitable remedies available for breach of contract are contract reformation, specific performance of a contract, and rescission of a contract.
When a party is unjustly enriched, or received a benefit for a service but did not pay for it, a quasi-contract may be the best equitable remedy because no real contract existed in the first place, and it will force a party to pay for a service another party performed.
Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to “particular funds or property”). In such a case, restitution comes in the form of a constructive trust or equitable lien.
A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant.
Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.
In U.S equitable defenses are available for relief at law where the remedy sought is one “at law”. Mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands are a few examples of equitable defenses.
6 Therefore, the doctrine of unconscionability evolved as an equitable remedy to prevent the enforcement of contracts which were grossly unfair and oppressive to one side. It was not meant to disturb contracts solely because the parties were unequal in bargaining power.
Equitable theories, such as estoppel, waiver, and ratification, are subject to traditional equitable defenses.