| Equitable Remedy |
Article Index for Equitable |
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Information AboutEquitable Remedy |
| CATEGORIES ABOUT EQUITABLE REMEDY | |
| equity | |
| equitable defenses | |
| judicial remedies | |
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Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. Equitable principles applied in granting equitable remedies include "he Who Comes To Equity Must Come With Clean Hands" (ie the court will not assist a claimant who is himself in the wrong or acting for improper motives), Laches (equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person who has been given something cannot sue if the gift is not perfect) and that equitable remedies will not be granted where Damages would be an adequate remedy. Equitable remedies include Injunctions and Specific Performance . Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something). Specific performance requires them to perform a contract, for example by transferring a piece of land to the claimant. SEE ALSO |
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