Equitable remedies

28 December 2022

As a law student, you should strive to understand everything about Remedies. Remedies can generally be either legal or equitable.The highly competent law tutor can surely comprehend your knowledge in this area.

The law tutor will guide you that there are mainly three types of equitable remedies in equity. These are:

Specific performance

A court order for the promisor to carry out the performance to which he committed himself in a contract is known as specific performance.This remedy is optional and only applied in cases where a person cannot receive monetary compensation.If the defendant fails to fulfil his/her obligations, he/she will be held in contempt of court.

Injunction

It is a court order instructing the defendant to refrain from doing something he/she should not.This remedy is relevant for breach of confidence, breach of trust and potential breach of contract. Failure to obey an injunction is considered contempt of court and is punishable by a fine or imprisonment.Injunctions will be granted at the discretion of the court where damages are insufficient and where injunction would not cause unnecessary hardship.

Rescission

The aim of this remedy is to put both parties in the same position as they held before they agreed to the terms of the contract.When one party has committed an anticipated breach and the defendant has viewed the contract as repudiated, rescission may also be used as a defence. The main grounds for rescission are mistake, misrepresentation, undue influence and unconscionable transactions.

To sharpen your knowledge in this subject or in any other area of law, contact the experienced law tutor today.