Kara Sears
When it comes to legal disputes, courts can award either legal or equitable remedies. Legal remedies are typically monetary damages, whereas equitable remedies are more flexible and are designed to provide a fair and just solution to a dispute. Equitable remedies were developed by courts of equity from around the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. In many jurisdictions, legal and equitable remedies have been merged, and a single court can issue either or both remedies. However, the distinction between the two types of remedies remains relevant in several significant instances.
| Characteristics | Values |
|---|---|
| Nature | Common law remedies are based on precedent. |
| --- | --- |
| Nature | Equitable remedies are more flexible and are designed to provide a fair and just solution to a dispute. |
| --- | --- |
| Nature | Equitable remedies are granted at the discretion of the court. |
| --- | --- |
| Nature | Legal remedies are typically awarded in the form of monetary damages. |
| --- | --- |
| Nature | Equitable remedies typically refer to injunctions, specific performance, or vacatur. |
| --- | --- |
| Nature | Equitable remedies are typically awarded when a legal remedy is insufficient or inadequate. |
| --- | --- |
| Nature | Equitable remedies are judicial remedies that were developed to provide more flexible responses to changing social conditions than was possible in precedent-based common law. |
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What You'll Learn
Common law and equitable remedies have distinct historical origins
The Chancellor exercised jurisdiction through the Court of Chancery in England, which was not bound by precedent or strict legal rules like the common law courts. This allowed the Court of Chancery to use discretion to administer justice on a case-by-case basis, developing flexible and adaptable principles to achieve fairness and justice.
Equitable remedies were thus created to address the limitations of common law remedies. They provide a remedy where common law does not, or they offer a more suitable remedy. For example, equitable remedies are often used when monetary damages, a typical common law remedy, are inadequate or impractical.
In many jurisdictions today, legal and equitable remedies have been merged, and a single court can issue either or both types of remedies. However, the distinction between the two remains relevant in certain instances, such as the United States Constitution's Seventh Amendment, which preserves the right to a jury trial in civil cases over $20 for cases "at common law".
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Common law remedies are typically monetary damages
Legal remedies are available to a successful claimant as of right, whereas equitable remedies are distinguished by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are injunctions and specific performance. Injunctions may be mandatory, requiring a person to do something, or prohibitory, stopping them from doing something. Specific performance requires a party to perform a contract, such as transferring a piece of land to the claimant.
Equitable remedies were developed by courts of equity from around the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. They are typically used when a legal remedy is inadequate or impractical, such as when the subject matter of the contract is unique and monetary damages would be insufficient. For example, a court may order specific performance for a claim involving a unique piece of real estate.
In many jurisdictions, legal and equitable remedies have been merged, and a single court can issue either or both remedies. However, the distinction between the two remains relevant in significant instances, such as the United States Constitution's Seventh Amendment, which preserves the right to a jury trial in civil cases over $20 for cases "at common law".
It is important to note that equitable remedies are not typically granted when damages would be an adequate remedy. This is known as the "clean hands" doctrine, which states that the court will not assist a claimant who is acting with improper motives or is themselves in the wrong. Additionally, equitable remedies will not normally be granted when the claimant has delayed unduly in seeking them, a principle known as laches.
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Equitable remedies are more flexible and discretionary
The main difference between common law and equitable remedies lies in the deficiencies of common law. When there is no common law remedy available, or the common law remedy is inadequate, equitable remedies are used to provide a more suitable solution.
Equity operates on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind, and motives may be relevant to whether a remedy should be granted. For example, equitable remedies will not be granted if the claimant has undue delays in seeking them or is acting with improper motives.
The two main equitable remedies are injunctions and specific performance. Injunctions may be mandatory, requiring a person to do something, or prohibitory, stopping them from doing something. Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant.
Equitable remedies are designed to provide a fair and just solution to a dispute, going beyond monetary compensation. They are typically used when a legal remedy, such as monetary damages, is inadequate or impractical.
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Equitable remedies are typically non-monetary
Equitable remedies are distinguished from "legal" remedies by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are injunctions and specific performance. Injunctions may be mandatory, requiring a person to do something, or prohibitory, stopping them from doing something. Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant.
Equitable remedies are typically sought when a legal remedy, such as monetary damages, is inadequate or impractical. They are often used in situations where the subject matter of the contract is unique, and monetary damages would be insufficient. For example, a court may order specific performance of a contract to purchase a rare, unique painting, as monetary damages would not adequately compensate for the loss of the painting.
Equitable remedies are also typically sought when the claimant asserts that property has been wrongly appropriated from them, and either the property has increased in value, or it has been transferred to an innocent third party. In such cases, the original owner may claim a right to the property as against the innocent third party.
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Equitable remedies are granted by the Court of Chancery
The Court of Chancery developed well-established principles to govern the exercise of its discretion, which were flexible and adaptable to achieve justice and fairness. These principles included the notion that equitable remedies will not be granted if the claimant has undue delays in seeking them ("laches") or is acting with improper motives ("he who comes to equity must come with clean hands").
Equitable remedies are typically used when a legal remedy, such as monetary compensation, is inadequate or impractical. For example, if a contract involves a unique piece of real estate, equitable remedies can be used to enforce specific performance of the contract. Injunctions, another form of equitable relief, can be mandatory (requiring an action) or prohibitory (preventing an action).
While separate courts of chancery have largely been abolished, with legal and equitable remedies merged under a single court, the distinction between equitable and legal remedies remains relevant in significant instances. For instance, the Seventh Amendment of the United States Constitution preserves the right to a jury trial in civil cases over $20 for cases "at common law".
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Frequently asked questions
Common law remedies are typically awarded in the form of damages, which are monetary awards paid to compensate for a loss or injury.
Equitable remedies are more flexible and are designed to provide a fair and just solution to a dispute. They are typically used when a legal remedy (such as monetary damages) is inadequate or impractical.
The two main equitable remedies are injunctions and specific performance. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them from doing something). Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant.
Equitable remedies are typically sought when a legal remedy is insufficient or inadequate. For example, equitable remedies are often sought in cases involving unique or particular pieces of real estate.
