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 ?
The district court rejected the Estates arguments, finding that the trust agreement is unambiguous and that the Estates evidence does not warrant any equitable remedy.
Whether a state law equitable remedy would be effective here is an open question.
Grassley and Johnson wrote that Rodriguez seeks a simple, fair, and equitable remedy, to include a transfer to a new facility where he will be free from retaliation.
17 ( ANI ): Within a week of the admission of the Insolvency petition by the NCLT (National Company Law Tribunal), against Jaypee Infratech limited, the Government of India, Along with IBBI (Insolvency and Bankruptcy Board of India) have proved their resolve in making IBC 2016 (The Insolvency and Bankruptcy Code) an effective, efficacious and equitable remedy, taking care of interests of all the creditors involved.
As the Supreme Court has explained, a plaintiff must satisfy a four-factor test before a court may grant permanent injunctive relief: (1) the plaintiff has suffered irreparable injury; (2) legal remedies, such as money damages, are inadequate; (3) an equitable remedy is warranted in light of the balance of hardships between the parties; and (4) a permanent injunction would not disserve the public interest" (Minnesota Vikings Football Stadium v.
The order recognized that some parties might have trouble meeting the extended time period because of related difficulties, and said, "If such a claim is made, it shall be resolved by the court in which jurisdiction is vested on a case-by-case basis when a party demonstrates that the lack of compliance with requisite time periods was directly attributable to this emergency and that equitable remedy is required.
This principle holds especially true when the object of comparison itself is the judicial remedy established to address pervasive and entrenched social problems, as is the case with equitable remedy jurisprudence.
75) Justice Thomas similarly found that the precondition for the equitable remedy of reformation--that is, mutual mistake in transcribing contractual intent into contractual terms--did not exist.
Ordering an employer to take back a worker is a form of the extraordinary equitable remedy called "specific performance" of the employment contract.
recission: An equitable remedy where a contract is declared void from its inception because of mistake, concealment, misrepresentation or fraud.
Subrogation is an equitable remedy where an insurer that pays to indemnify its insured will be able to step into the shoes of the insured and sue any tortfeasor who is responsible for the property damage that its policy of insurance was required to indemnify its insured because of the property damage.