Equitable Remedies Uk Law

The only explanation for the differences between law and justice is to be found in the history and politics of England in the twelfth century, but in practical terms the differences are remarkable. First, juries are not used only in cases. Second, justice is based less on precedent than on the sense that justice must be done. Third, and most importantly, when what is sought by the non-offending party is not money – that is, if there is no adequate remedy – fairness can provide redress. In equity, a person may induce a judge to order the offending party to deliver real property or refrain from doing something they should not do, or to return consideration given by the non-offending party to restore the parties to a pre-contractual status (specific performance, injunction or restitution). Equitable remedies are distinguished from “legal” remedies (which are legally available to a successful plaintiff) by the court`s discretion to grant them. In common law jurisdictions, there are a variety of fair remedies, but the main remedies are: Construction trusts and tracing remedies are generally used when the plaintiff claims that property has been improperly appropriated by them, and then either (i) the property has increased in value and should therefore have an interest in appreciating in appreciating, that occurred at his expense, or (ii) the property was transferred from the author to an innocent third party, and the original owner should be able to assert ownership against the innocent third party. The most commonly used forms of equitable relief are: This practical guide deals with the common law doctrine of secrecy; fair and statutory exceptions to these exceptions; How the doctrine affects the performance of a contract against a third party and what happens if a contract has an indirect effect on a third party despite the absence of secrecy The characterization of an equitable action has various consequences. For example, just remedies can be applied by contempt,[15] and just remedies are subject to fair defences. [16] While the primary remedy for breach of contract is damages (see Practice Note: Contractual Damages – General Principles and Related Content), in contractual disputes (particularly those where the contract has not or has not yet been breached), there are instances where damages may not be available or the most appropriate remedy may not be available. In such cases, there are a number of equitable remedies that the court may order at its discretion.

The two main equitable remedies are injunctions and certain benefits, and in common legal language, 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] To better understand the concept of equitable remedy, we consider a situation where a tribunal might consider that an equitable remedy is the only adequate remedy for an appellant.

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. The fact is that a person who violates a contract should not be punished and the non-offending party should not be unfairly enriched. Fairness is supposed to affect the conscience of the defendant, so that a just remedy is always addressed to a particular person, and that person`s knowledge, state of mind and motives may be relevant in determining whether or not a remedy should be granted. Remedies can generally be divided into two categories: legal and fair. Remedies allow the non-offending party to obtain financial damages. In contrast, equitable remedies are non-monetary solutions to resolving the contentious issue.

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