What is meant by the term equitable remedy?

What is meant by the term equitable remedy?

This is an order directing the breaching party to perform the contract in the way specified by the court. It will only be ordered if damages will not provide adequate compensation and will not be awarded in relation to contracts of personal service.

What are the 3 equitable remedies?

Examples of Equitable Remedies

  • Specific performance.
  • Injunction.
  • Restitution.

    What does entitled to equitable relief mean?

    Equitable relief is granted by a court requiring one party to either act or refrain from taking an action. 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 are the four equitable remedies?

    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 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 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.

    What are the two types of equitable remedy?

    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 is equitable relief examples?

    Instead, it’s a ruling whereby a court orders one party to refrain from participating in one activity and orders them to perform a new action for the sake of the other party. Two examples of equitable relief are injunctions and restraining orders.

    How do you qualify for equitable relief?

    Conditions to Qualify for Equitable Relief

    1. Your marital status.
    2. If you knew or had reason to know when signing the return about the items causing the understatement.
    3. Whether you would suffer economic hardship without relief (inability to pay basic living expenses)

    What is an example of equitable relief?

    What makes a legal remedy an equitable remedy?

    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.

    Are there any equitable remedies for a breach of contract?

    Equitable remedies are those that are imposed when money damages would not adequately cure the non-breaching party. The following types of equitable remedies may be available in the given case: Specific performance is an order by the court that requires the breaching party to carry out the contract as it was originally written.

    Which is the stronger hand when seeking equitable relief?

    When seeking an equitable relief, the one that has been wronged has the stronger hand. The stronger hand is the one that has the capacity to ask for a legal remedy (judicial relief). In equity, this form of remedy is usually one of specific performance or an injunction (injunctive relief).

    When is the equitable remedy of rescission not applicable?

    Third Party Rights: The equitable remedy of rescission would not be applicable if the goods have been acquired for value by an innocent third party before the application for rescission.

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