Table of Contents
- 1 What are the 3 equitable remedies?
- 2 What is equitable remedy and what are the doctrines of equity?
- 3 What are the two most common equitable remedies and give an example of each?
- 4 What is an example of an equitable doctrine?
- 5 What is equitable law?
- 6 What is the difference between common law and equitable remedies?
What are the 3 equitable remedies?
There are three types of equitable remedies: specific performance, injunction, and restitution.
What are the four types of equitable remedy?
Forms of Equitable Relief
- Specific Performance.
- Rescission.
- Injunction.
- Rectification.
- Account of Profits.
What is equitable remedy and what are the doctrines of equity?
These equitable doctrines and procedures are distinguished from “legal” ones. 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 rules for equitable relief?
Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution.
What are the two most common equitable remedies and give an example of each?
Examples of Equitable Remedies
- Specific performance.
- Injunction.
- Restitution.
What is meant by equitable remedies?
Means granted by equity to redress a wrong.
What is an example of an equitable doctrine?
Equitable Estoppel Under the doctrine of equitable estoppel, a person is prevented, or estopped, from claiming a legal right, out of fairness to the opposing party. For example, suppose that a person willfully withholds information in order to avoid defending a lawsuit.
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 equitable law?
Equitable means fair or impartial. In legal context it can relate to “equity” as opposed to “law”. This represents an outcome based on fairness and justness rather than legal technicalities. In the United States, almost all courts have combined jurisdiction over equity and law.
What is the difference between law and equity?
Common law typically refers to laws based on precedence and the rulings of judges who hear a case in a courtroom. Equity, on the other hand, refers to laws that are similarly established by court rulings but deal with judgment and justice through equitable decisions.
What is the difference between common law and equitable remedies?
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.
What is equitable Law?