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Simple English definitions for legal terms
equitable remedy
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A quick definition of equitable remedy:
An equitable remedy is a way to enforce a right or fix a wrong that is not just about money. It is a type of legal relief that can be granted by a court when other remedies, like paying damages, are not enough to make things right. Examples of equitable remedies include injunctions and specific performance. These remedies are usually granted by courts of equity, which historically were separate from courts of law.
A more thorough explanation:
An equitable remedy is a type of legal or non-monetary relief that is granted by a court when monetary damages are not enough to address the harm caused by a wrong. This type of remedy is usually sought when there is a risk of irreparable harm or when monetary damages are not sufficient to make the injured party whole.
For example, if a company is using a patented technology without permission, the patent owner may seek an injunction to stop the company from using the technology. In this case, an injunction is an equitable remedy because it is a non-monetary relief that is intended to prevent further harm to the patent owner.
Another example of an equitable remedy is specific performance. This remedy is used in contract law when a party fails to perform a specific obligation under the contract. In this case, the court may order the party to perform the specific obligation as outlined in the contract. For example, if a seller fails to deliver goods as promised, the buyer may seek specific performance to force the seller to deliver the goods.
Overall, equitable remedies are used to provide non-monetary relief when monetary damages are not enough to address the harm caused by a wrong. These remedies are granted by a court and are intended to prevent further harm or to make the injured party whole.