What are the two equitable remedies?

• Equitable estoppel.
• Restitution for unjust enrichment.
• Injunction.
• Equitable compensation.
• Specific performance.
• Account of profits.
• Rescission.
• Rectification.

What is the most common equitable remedy?

The most common equitable remedies are money damages, specific performance, and rescission. Other remedies are not as standards, such as declaratory relief and injunctive relief. An equitable remedy is a legal remedy awarded to a party in an action or lawsuit when the court finds that the plaintiff has been wronged.

What are the two elements of 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 two types of remedies for tort claims?

Restitution and disgorgement both focus on the return of a defendant's wrongful or unlawful gains, attempting to return the tortfeasor to the status quo before any wrongdoing occurred. Court Opinions. The primary purpose of restitution and disgorgement in tort cases is to prevent the defendant's unjust enrichment.

What are equitable remedies in lawsuit?

Equitable relief is a category of remedies derived from the principles of fairness and justice. Unlike monetary damages, which compensate a party for harm or losses, equitable relief directs a party to act—or refrain from acting—in a way that restores balance between the parties.

What are the principles of equitable remedies?

Equitable remedies are broad in scope, flexible, direct in application and supplement the common law. Unlike common law remedies, equitable remedies are not constrained by concepts such as remoteness of damage or causation, thereby enabling equity to go beyond the common law in redressing loss and damage.

Which of the following is classified as an equitable remedy?

Specific performance, restitution, and injunction are the classification of equitable remedies.

Are punitive damages equitable relief?

Less clear, however, is whether punitive damages may be awarded by a Court with equitable relief (e.g., injunctions, contractual specific performance, replevin, etc.). The general rule is that equity could not award punitive damages.

What are the two types of remedies in civil litigation they are ______________?

In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance).

What are the two remedies?

What is the difference between a legal remedy and an equitable remedy?

While legal remedies typically involve monetary damages , equitable relief typically refers to injunctions , specific performance , or vacatur .

What are 2 natural remedies?

What are the three equitable remedies?

Types of Remedies in Equity

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

What is the most important equitable remedy?

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 the different types of 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. Compensatory remedies: intended to compensate the non-breaching party for their actual losses.

What are the two 2 categories of remedies available under contract law?

The two categories of remedies for breach of contract are legal remedies and equitable remedies. Legal remedies are mostly monetary damages, while equitable remedies are focused on ways to make a party whole like specific performance, injunctions, and restitution.

What are the two 2 types of claims?

Three types of claims are as follows: fact, value, and policy. Claims of fact attempt to establish that something is or is not the case. Claims of value attempt to establish the overall worth, merit, or importance of something. Claims of policy attempt to establish, reinforce, or change a course of action.

What do punitive damages mean?

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.

What is an example of equitable estoppel?

Courts have found instances of equitable estoppel in a range of situations, including: Contract disputes, such as when a contractor initially agrees to a price to perform work on a house and then later increases the price.

What is lack of consideration?

When there is a lack of consideration, the contract never was valid or enforceable. In contrast, failure of consideration occurs where a valid contract with a valid consideration becomes unenforceable due to the consideration no longer being valuable.

What are the two elements of a legal and binding contract?

Elements -- Consideration and Mutual Assent

To be legally binding as a contract, a promise must be exchanged for adequate consideration. There are two different theories or definitions of consideration: Bargain Theory of Consideration and Benefit-Detriment theory of consideration.