Question: What Is An Example Of An Equitable Remedy?

What is equitable estoppel?

Equitable estoppel is the effect of the voluntary conduct of a party whereby he or she is absolutely precluded, both at law and in equity, from asserting rights which perhaps have otherwise existed, either of property, contract, or remedy, as against another person who has in good faith relied upon such conduct and has ….

What are the 3 equitable remedies?

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

What equitable remedies are available in law?

An introduction to various remedies available in equity, including rectification, specific performance, injunctions, estoppel, account of profits, subrogation, rescission, declarations and liens.

What is an equitable cause of action?

Many people think that winning a lawsuit means winning money. That isn’t always the case. There are two types of claims: legal and equitable. While plaintiffs pursuing a legal claim ask a court to award money, litigants bringing an equitable claim ask a court to either prompt or stop a particular action or event.

Is estoppel an equitable remedy?

Proprietary estoppel can be relied upon where A makes a promise to B of an interest in land or property that B then relies upon to their detriment. … Because proprietary estoppel is an equitable cause of action the remedy is flexible and discretionary.

What are the two types of remedies?

There are two general categories of remedies—legal and equitable. In the category of legal remedies are damagesMoney paid by one party to another to satisfy a liability.. Damages are money paid by one party to another; there are several types of damages.

What’s the meaning of 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 actions in equity?

A proceeding in which the plaintiff seeks relief other than money damages, e.g., an injunction or specific performance of a contract.

What is the difference between equitable relief and injunctive relief?

Generally speaking, equitable relief is when a court issues any form of relief other than monetary damages. Injunctive relief is a form of equitable relief where a court orders a party to do…

What is the difference between equitable and legal remedies?

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.

Thus, the rule that emerged was that legal claims must be tried before equitable ones and before a jury if the litigant so wished. In Ross v. Bernhard, 48 the Court further held that the right to a jury trial depends on the nature of the issue to be tried rather than the procedural framework in which it is raised.

What is the difference between courts of law and courts of equity?

Courts of law administer justice according to criminal law and common law. Courts of equity administer justice according to criminal law and common law. Courts of equity administer justice according to “fairness”. … As time passed most states abolished the difference between law and equity.

Which of the following are forms of equitable relief?

Forms of Equitable ReliefSpecific Performance. … Rescission. … Injunction. … Rectification. … Account of Profits.

What do you mean by equitable remedies?

The courts have determined are a variety of equitable remedies, but the principal remedies are: Injunction, Specific performance, Account of profits, Rescission, Declaratory relief, Rectification, Equitable estoppels, Subrogation[iii]. The most popular ones were injunctions and specific performance.

What are the elements of cause of action?

The points a plaintiff must prove to win a given type of case are called the “elements” of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages.

What is the difference between law and equity?

In the court of law cases, the facts are what they are, and you win or lose; in equity cases, the court will fashion almost any remedy it seems fit so that both parties win or both parties lose.

Is restitution equitable relief?

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.

What is the difference between damages and compensation?

Damages are awarded for suffering injury while compensation stands on a higher footing. Compensation aims to place the injured party back in a position as if the injury has not taken place by way of pecuniary relief for the caused injury.