What are legal and equitable damages?

What are equitable remedies damages?

Instead of imposing a fine, equitable remedy is when the court orders the defendant to complete a contract as originally agreed. This step is taken when payment alone is not sufficient to make up for damages. Equitable relief can also be offered if legal damages are not available.

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.

Do legal or equitable claims come first?

Under California law, legal claims entail a right to a jury, but equitable claims do not. In a case involving both legal and equitable claims, California law generally requires that the court try the equitable claims first, before holding a jury trial for any remaining legal claims.

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.

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 are the four types of equitable remedy?

What are the different types of equitable claims?

What is equity damages?

Equitable damages are available for breach of contract where the breach is deliberate or intended to inflict harm on the plaintiff; and common law damages are not adequate.

What are legal damages defined as?

In civil cases, damages are the remedy that a party requests the court award in order to try to make the injured party whole. Typically damage awards are in the form of monetary compensation to the harmed party. Damages are imposed if the court finds that a party breached a duty under contract or violated some right.

What does legally equitable mean?

Equitable means fair or impartial. In legal context it can relate to “equity” as opposed to “law”. The distinction between equity and law originates from England where courts were divided into two kinds, courts of equity and courts of law.

What are the two types of damages in law?

There are two types of damages that may be awarded: compensatory and punitive damages. Compensatory damages are intended to compensate for actual losses, while punitive damages aim to punish the defendant.

What is the most common equitable remedy?

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 examples of legal remedy?

Damages, injunctions, and specific performance are some examples of legal remedies. Some of the most common types of legal remedies or damages in contract law are compensatory remedies, punitive remedies, consequential remedies, and expectation remedies.

What is an equitable settlement?

Equitable Settlement means the part of the Related Settlement in which only the Equitable Class Members may participate.

What is an equitable cause of action?

Equitable actions can be thought of as claims based on fairness. The court is essentially asked to do justice where it is so required.

What is the difference between legal and equitable title?

The most significant difference between an equitable and a legal title is that a legal title gives absolute ownership of a property while an equitable title does not. An equitable title only gives an individual the right to enjoy the benefits that come with ownership.

What are equitable damages for breach of contract?

The equitable damages definition explains how courts handle a situation when a monetary payment is not sufficient and requires a defendant to perform their part of a contract. Equitable damages allow the defendant to fulfill their obligations stated in the contract without the court imposing a fine.

Which of the following is not a common equitable remedy?

Answer 1: C- Liquidated damages is not the common type of equitable remedy.

Which of the following is not equitable remedy?

B. Reformation is a legal remedy wherein a court rewrites a previously enforced contract to reflect the changes in the intention of the parties involved, correct any mistake in a contract, and restore any clause that is deemed acceptable and executable by each party. Thus, option B is not an equitable remedy.