• 107328  Infos

Equitable remedy

    In law '''equitable remedies''' are the remedies developed and granted by the old courts of equity such as the Courts of Chancery in England and still available today in common law jurisdictions Equity is said to operate on the conscience of the defendant so an equitable remedy is always directed at a particular person and his state of mind and motives may be relevant to whether a remedy should be granted or not 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) and "equity will not assist a volunteer" (meaning that a person who has been given something cannot sue if the gift is not perfect)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