Examples Of Equitable Remedies
When one party has not performed his promise in accordance with the terms of the contract, a breach of contract occurs. The very intention behind filing a lawsuit for a breach of contract is to seek the appropriate remedy for the grievances incurred through the breach of that contract . In Black’s law dictionary, it is defined that a remedy is “the means by which a right is enforced or the violation of a right is prevented, redressed, or compensated”. The word “remedy” in a legal context has somewhat the same meaning as in a medical context,ie, to cure. In a legal perspective, a remedy is something that cures the violation of a legal right. There are basically two types of remedies namely legal remedy and equitable remedy
The common law
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These remedies originated in the context of coping with the changing socio-legal conditions and to provide more flexible responses to the same. It is through the old English laws of equity that these remedies developed. These courts granted equitable remedies exclusively whereas the courts of law granted legal remedies. With the course of time, these courts were merged and the authority to grant the two types of remedies was bestowed in the legal courts. In a number of significant instances, the distinction between equitable and legal remedies remains relevant regardless of the widespread judicial merger. Equitable remedy is always directed at a particular person, and his knowledge, state of mind and motives may be relevant to whether a remedy should be granted or not as Equity is said to operate on the conscience of the defendant. Equitable remedies are available by the discretion of the court to grant them. They are distinguished from "legal" remedies which are available to a successful claimant as of right.
The role of Equitable remedies come into play when legal remedies or monetary compensation cannot adequately resolve the wrongdoing. It is often kept as a requirement that only if legal damages are unavailable before a court can the court decide to issue equitable
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468 Words | 2 Pagesappropriate equitable relief . . . to enforce . . . the terms of the plan.” The Board sought an equitable lien on any settlement funds or property in Montanile's possession and an order enjoining Montanile from dissipating any such funds.
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Examples Of Racial Injustice
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The Constrained Court
429 Words | 2 PagesLastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
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1549 Words | 7 PagesTo some extent, this appears to be the only just course of action, but this could easily become a form of legal plunder and lead to undesirable consequences. If the means of compensation take from the group who profited from the injustice to benefit the group who faced the injustice, this falls into Bastiat’s definition of plunder. Bastiat writes that when a law falls into this category it will rapidly develop into a system of similar laws, and unrelated groups will aim to capitalize on this legal plunder and procure benefits for themselves. Bastiat would describe policies based on intentions such as the above as “misconceived philanthropy” (page 17). The difficulty of correcting unjust laws demonstrates the ramifications of injustice.
Pros And Cons Of Retributive Justice
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894 Words | 4 PagesThe aim of this article is to critically consider this proposition from a number of different perspectives. It will first describe the historical evolution of Equity and its connection with the Common Law. Then, it will go through to analyse why this proposition is partially correct by talking about how Equity is now more structured due to the presence of equitable maxims. This argument will be supported using a specific maxim that led to clearer equitable rules. Relevant case law will also be used for illustrating how this maxim is being used by the
Disadvantages Of Restorative Justice
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