The two main equitable remedies are injunctions and certain benefits, and in occasional legalese, references to equitable remedies are often expressed as referring only to these two remedies. Injunctions can be mandatory (compel a person to do something) or prohibit (prevent them from doing something). A certain service presupposes that a party performs a contract, for example by transferring real estate to the plaintiff. The award of a particular service requires that both of the following criteria be met:[8] (i) Common law damages must be an inadequate remedy. For example, if damages for breach of contract in favour of a third party constitute an inadequate remedy. [9] (ii) There is no impediment to equitable legal protection preventing a particular benefit. There is an obstacle to redress, for example, if the court does not allow constant monitoring of the defendant. [10] There are three types of equitable remedies: specific benefit, injunction and compensation. Damages may also be awarded on the basis of „equity“ rather than „in court“,[12] and in some jurisdictions, by historical coincident, interest on damages can only be awarded on the basis of equitable damages, but not on damages awarded by law. [13] However, most jurisdictions have either ended this anachronism or expressed their intention to do so by modernizing their legislation.
Two versions of the legislation are in force in the Australian jurisdiction, one focusing on the „commission of an unlawful act“ and the other omitting the reference to wrongdoing. [14] Constructive trust and research remedies are usually used when the plaintiff alleges that property has been improperly appropriated to the claimant and then (i) the property has increased in value and should therefore have an interest in the increase in value that occurred at its expense, or (ii) the property was transferred by the aggrieved party to an innocent third party, and the original owner should be able to assert a property right against the innocent third party. Equitable remedies are distinguished from „legal“ remedies (which are legally available to a successful plaintiff) by the court`s discretion to grant them. There are a variety of equitable remedies in common law jurisdictions, but the main remedies are as follows: Fair remedies were granted by the Court of Chancery in England and are now available in most common law countries. [3] In many jurisdictions, legal and equitable remedies have been combined and only one court can grant one or both remedies. Despite the scale of judicial mergers, the distinction between fair and judicial remedies remains relevant in a number of important cases. Notably, the Seventh Amendment to the U.S. Constitution retains the right to a jury trial in civil cases of a fine of more than $20 for „common law“ matters.
Fair remedies are judicial remedies that have been used by the courts since the time of Henry VIII. were developed to provide more flexible responses to changing social conditions than was possible under precedent-based common law. [1] [2] For example, if a person owes money and cannot be located, the court may declare them an „involuntary“ debtor. A legal remedy would be to receive the money from the involuntary debtor. An equitable remedy may be available if a party has committed an unlawful act or if the contract has not been performed in accordance with the contract. It can be granted if a person has been unjustly denied something, or if they are deprived of their property rights or other rights protected by the state or federal constitution. For example, if a person`s home was removed without fair compensation, they could seek an injunction to stop the sale of the property and then sue for damages. In summary, it can be said that there is a breach of contract if one of the parties does not provide the promised service in accordance with the contract. In this case, the courts may order equitable relief to the offending party. This type of remedy is in fact an act prescribed by the court to resolve the matter. There are three main equitable remedies imposed by the courts: Restitution is another just remedy and involves restoring a damaged state to its original state, whether financial or in action.
Do you remember the sale of Marty and Sarah`s condo? After breaking down all the condo sales bureaucracy, Sarah was ready to start her new life in her home. She commissioned Mitch to paint the place. She emailed him the specific color Toadstool Green with the product code. Equitable remedies are remedies awarded to a plaintiff without the need to prove that the defendant is liable for actual damages. In order to obtain equitable redress, claimants must prove that they have suffered harm as a result of the infringement and must also prove that the harm is sufficiently serious to warrant compensation. When a contract is broken and rewritten to please both parties, it is called withdrawal. Sometimes damages may be awarded in monetary terms or in the form of a quasi-contract (a contract signed retrospectively by both parties to ensure that the original agreement is now legally binding). John Norton Pomeroy`s A Treatise on Equity Jurisprudence: As Administered in the United States of America: Adapted for All the States and to the Union of Legal and Equitable Remedies under the Reformed Procedure is widely regarded as an authoritative source of fair remedies in the United States. Restitution is another just remedy and involves the restoration of a violated condition of an injured party, whether financial or in action.
If a party is unfairly enriched or has received a benefit for a service but has not paid for it, a quasi-contract may be the best equitable remedy since there was no actual contract at all, and it will force one party to pay for a service provided by another party. Withdrawal and rectification are remedies with respect to contracts (or, exceptionally, documents) that may become available. Fair remedies are used to resolve contractual disputes. However, the remedies are not always the same, as they vary depending on the situation. There are three main types of remedy: compensation (restitution), affirmative (injunction) and penalty (specific benefit). The characterization of an appeal on equity has various consequences. For example, just remedies can be applied by contempt,[15] and just remedies are subject to fair defences. [16] In addition to these two remedies, a court may also order a declaratory judgment. In this case, the court decides on individual rights in a particular situation without awarding damages.
If you`re running a business, it`s important to have a business attorney in Washington, D.C. who can provide advice and handle legal issues as they arise, including breach of contract. Tobin O`Connor & Ewing has two decades of experience protecting corporate rights and interests in Washington DC. Contact us at 202-362-5900 to schedule a consultation. An injunction may be ordered if a natural or legal person has been harmed or threatened by an unlawful act. There are many types of injunctive relief, and the type of injunction available depends on the circumstances of each case. Facilitation options include an order to cease or cease an adverse activity, an order to prevent future harm, an order requiring someone to testify in court, or an order requiring someone to produce certain documents. Equitable remedies for violations are available if remedies do not complete the offending party. Equitable remedies are specific enforcement (an order requiring a person to deliver to the buyer the single thing that the seller has contracted), injunction (an injunction requiring a person to refrain from doing what he or she should not do) and restitution (restitution of the benefit granted to him or her if the contract is not performed. by a party, B. to the extent necessary to avoid a sanction against the offending party).
The third type of equitable legal protection is restitution. Restitution is a remedy applicable to different types of cases: those where the contract was avoided due to lack of competence or misrepresentation, those where the other party breached, and those where the party seeking restitution breached. As the word implies, restitution is a return of what it has given to the other party. Consequently, compensation can only be awarded to the injured party to the extent that the injured party has provided a service to the other party.
Komentari su zatvoreni.