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Remedy resulting from a claim of estoppel
- equitable relief The remedy resulting from a claim of estoppel. 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.
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equitable relief. The remedy resulting from a claim of estoppel. 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.
- Specific Performance
A contractual remedy in which the court orders a party to...
- Injunctions
An injunction is a court order requiring a person to do or...
- Equity
In law, the term "equity" refers to a particular set of...
- Specific Performance
- What Is Equitable Relief?
- How Many Types of Equitable Relief Are there?
- What Is Specific Performance?
- What Is An Injunction?
- What Is Declaratory Relief?
- What Is Equitable Estoppel?
- What Is Rescission?
- What Is Reformation?
Equitable relief arises when monetary relief is inadequate and there is no other legal recourse, both parties must come to a general understanding. Since the word "equity" means "fairness," the aim of equitable relief is to determine a fair solution for both parties. Most people know about compensatory relief because these types of civil cases are ...
There are a few types of equitable relief, including: 1. Specific Performance 2. Injunction 3. Declaratory Relief 4. Equitable Estoppel 5. Rescission 6. Reformation In general, law practitioners are referring to cases involving specific performance and injunctions.
Specific performance means that a person is required to complete a certain action, based on what is stated in a contract between the plaintiff and defendant. These forms of relief are usually rejected by courts if personal service contracts are at issue. Specific performance is applied in cases that meet two criteria. First, a monetary reward would...
An injunction forces one party to perform an act or to refrain from doing something. Injunctions may be enforced over a specific period of time or be perpetually enforced. If the person affected by the injunction fails to comply, they may have to pay fines or serve time in jail.
When declaratory relief is invoked, both sides in a civil court proceeding asked the court to make a specific ruling. In such a case, the court is to outline the type of rights and responsibilities each party has with respect to one another. Declaratory relief is best applied in cases that involve land rights. Specifically, two parties might be fig...
Equitable Estoppel is invoked when the person making a claim is found to have acted in bad faith or tries to tie up the case. According to the "clean hands" principle (or the "unclean hands" doctrine, however you look at it), the person who seeks equitable relief will be scrutinized. Then, if the court discovers that the petitioner caused the incid...
Most of the time, equitable relief comes into play in cases involving a breach of contract. In those cases, the just will order for the rescission of the contract. That means the court has voided the contract. Rescission will be granted under these circumstances: 1. Fraud was committed. 2. A mistake was made in the drafting or signing of the docume...
Finally, reformation, which is related to rescission, allows the contract in question to be rewritten to reflect the wishes of both parties. Reformation usually comes into play when there was fraud or both parties made a mistake with the contract. In those cases, the court will compel both parties to abide by the terms of the contract as it was ori...
Mar 31, 2021 · 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...
- Will Kenton
Jan 8, 2024 · What Is an Equitable Remedy? What Is a Legal Remedy? Seeking Legal Help. What Is an Equitable Remedy? Equitable remedies are types of relief that go beyond monetary compensation.
Definition of "equitable relief". A non-financial decision awarded by a court, typically instructing a party to act or refrain from certain actions when money cannot adequately resolve the issue. How to use "equitable relief" in a sentence.
3 days ago · The meaning of EQUITABLE RELIEF is relief (as an injunction) available under a court's equitable powers.
