Is estoppel an equitable remedy?

• Specific Performance. ...
• Rescission. ...
• Injunction. ...
• Rectification. ...
• Account of Profits.

What is the difference between equitable and promissory estoppel?

Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact.

How do you prove equitable estoppel?

Four elements must ordinarily be proved to establish an equitable estoppel: (1) the party to be estopped must know the facts, (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had the right to believe that it was so intended, (3) the party asserting the ...

What are the two most common equitable remedies?

The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).

What are common equitable remedies?

Types of Equitable Remedies

There are three major types of remedies: compensatory (restitution), affirmative (injunctive relief), and punitive (specific performance).

What type of damages are equitable remedy?

Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain act or refrain from a certain act. Common types of equitable relief are injunctions, specific performance, or vacatur.

What are three different types of equitable remedies?

Types of Remedies in Equity

There are three types of equitable remedies: specific performance, injunction, and restitution.

Why is equitable estoppel important?

Equitable estoppel is intended to prevent unfair outcomes. If you rely on assertions or promises made by someone who you should be able to trust, it would be an unfair outcome if the person or company upon which you relied could act as if those assertions or promises were never made.

What is equitable estoppel in real estate example?

Equitable estoppel

For example, someone selling a piece of real estate at a high price may know nonpublic facts that will decrease the value of the property. By intentionally failing to disclose that information to a prospective buyer, the seller can earn a larger amount from the sale.

What are the four elements of equitable estoppel?

3d 462], the Supreme Court stated the four basic elements of estoppel: (1) the part to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the part asserting the estoppel had a right to believe it was so intended; (3) the other party must be ignorant ...

What are the three kinds of estoppel?

Types of estoppel include collateral estoppel, equitable estoppel, and promissory estoppel. Estoppel certificates are commonly used in real estate and must be signed by tenants when the landlord is trying to conduct a transaction with the property.

What is an example of an estoppel?

An example of promissory estoppel might be applied in a case where an employer makes an oral promise to an employee to pay the employee a specified monthly or annual amount of money throughout the full duration of the employee's retirement.

What are equitable remedies in civil lawsuits?

While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will usually award equitable remedies when a legal remedy is insufficient or inadequate.

What are equitable remedy defenses?

What are the two general categories of remedies legal and equitable?

The two categories of remedies for breach of contract are legal and equitable. In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.

What is the difference between equitable relief and injunctive relief?

Equitable remedies

In the action for specific performance, the injured party asks the court to order the other party to perform the promise made. In an action for injunction, the injured party asks the court to restrain or enjoin the party in breach from certain activities.

Are punitive damages an equitable remedy?

The general rule is that equity could not award punitive damages.

Are punitive damages equitable relief?

H istorically, most courts have refused to award punitive damages if a plaintiff seeks equitable as well as monetary relief (the "Traditional Rule"). Courts that rely on the Traditional Rule often cite the historical distinction between law and equity as a basis for their refusal to award punitive damages.

What is the statute of limitations on equitable estoppel?

Under the doctrine of estoppel, '[a] defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendant's act or omission caused the plaintiff to refrain from filing a timely suit and the plaintiff's reliance on the defendant's conduct was reasonable.

What is equitable estoppel arbitration clause?

Equitable estoppel is exactly that – an equitable doctrine designed to give a non-party to an arbitration agreement the opportunity to enforce that agreement.

Why is promissory estoppel unfair?

The three main components needed for promissory estoppel are the promisor, the promisee, and the promise that wasn't honored. The injustice happens when the promisee suffers a loss when he relied on the promise, and the promise wasn't kept.