Do equitable remedies include injunctions?

Do equitable remedies include injunctions?

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 injunction?

Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain act or refrain from a certain act. Common types of equitable relief are injunctions, specific performance, or vacatur.

What are the four types of equitable remedy?

Forms of Equitable Relief

  1. Specific Performance.
  2. Rescission.
  3. Injunction.
  4. Rectification.
  5. Account of Profits.

What is an example of equitable remedy?

An injunction is another equitable remedy, which directs someone to stop doing something he or she shouldn’t do. For example, an employer and employee sign a non-compete agreement. After the employee leaves the employer, he breaches the contract by competing with his former company.

What is the difference between equitable relief and injunctive relief?

A plaintiff who seeks equitable relief is asking the court for an injunction. An injunction is a court order compelling a party to do or refrain from doing a specified act.

What is meant by equitable remedies?

The practice of granting equitable remedies came about to compensate for the inadequacies of the common law courts which could not grant remedy if the affected party wanted the performance of the contract or wanted to prevent the commission of a wrong threatened.

What is the meaning of equitable remedies?

What is the difference between legal remedy and equitable remedy?

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 is meant by an equitable remedy?

Means granted by equity to redress a wrong.

When generally are equitable remedies available?

A court will typically award equitable remedies when a legal remedy is insufficient or inadequate. For example, courts will typically award equitable relief for a claim which involves a particular or unique piece of real estate, or if the plaintiff requests specific performance.

What is the extraordinary nature of a remedy by injunction?

The extraordinary nature of the remedy by injunction calls for a particular application of equity. It is the duty of the court to consider and weigh the relative conveniences and comparative injuries to the parties which would result from the granting or refusal of injunctive relief.

What is an equitable remedy?

These are designed to allow the aggrieved party to recover financial loss resulting from the breach. Instead of imposing a fine, equitable remedy is when the court orders the defendant to complete a contract as originally agreed. This step is taken when payment alone is not sufficient to make up for damages.

What is the power of equity to grant injunctive relief?

However, the power of equity to grant injunctive relief must be exercised only under demanding circumstances[iv]. Restraining the action of an individual or a corporation by injunction is an extraordinary power.

Can an injunction be issued for balance of inconvenience?

No injunction will be issued when on consideration of the balance of inconvenience it is found that it would be oppressive to the defendant to issue the injunction. The principle of balance of inconvenience applies when the scales are evenly balanced. No injunction should be granted which will interfere with development work with aid.