Equitable Remedy


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Equitable Remedy

Court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and Specific Performance. Alternatively, a non-monetary remedy, such as an Injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury.

References in periodicals archive ?
recission: An equitable remedy where a contract is declared void from its inception because of mistake, concealment, misrepresentation or fraud.
The four dissenting justices were concerned with their power to issue an equitable remedy, not with jurisdiction as such.
They also are seeking to keep the real estate representatives from further engaging in unfair and deceptive acts, for an equitable remedy to rescind the purchase agreement, and further relief the court "deems equitable and just.
69) Laycock asserts that the rule is dead because every time a court grants an equitable remedy the rule is always satisfied, such that it never acts as a gatekeeper to equitable relief.
provide for an equitable remedy should apply to Section 1983 as well.
Cites Delaware Case Law Supporting Constructive Trust as Equitable Remedy
What one knows defines what one must do to satisfy the vigilance maxim, which, in turn, will measure the availability of an equitable remedy.
The Wisconsin Court of Appeals agreed with the trial court that the equitable remedy of estoppel prevented Wisconsin Mutual from denying the claim.
While contractual provisions providing for the appointment of receivers have been enforced by courts across this country, courts retain discretion to determine whether the appointment of a receiver is warranted under the circumstances of a particular case because the appointment of a receiver is an equitable remedy.
Orders for specific performance and for injunctions and all others rooted in the Court of Chancery are", according to Birks, "weakly discretionary": because "[t]he discretion has been settled over centuries", (123) it can be determined whether a person has a right to an equitable remedy.
The court also pointed out that in most cases, section 6015(f) is not the only available administrative equitable remedy Lantz, for example, could seek a release of levy for economic hardship under section 6343(a)(1)(D), the court noted.
Therefore, as an equitable remedy, "it makes little sense to say that the availability of front pay is a judicial determination and the amount a jury determination," the court reasoned.