Equitable remedies: Overview, definition, and example
What are equitable remedies?
Equitable remedies are legal solutions that a court can grant when monetary damages (financial compensation) are not sufficient to resolve a legal dispute. These remedies focus on fairness and are aimed at providing a fair solution that might involve ordering one party to do something or refrain from doing something, rather than simply paying money. Common equitable remedies include injunctions, specific performance, and rescission.
Why are equitable remedies important?
Equitable remedies are important because they offer solutions when traditional damages aren't enough to resolve a situation. For example, in cases where a unique item or piece of property is involved, or when a person’s actions need to be restrained to prevent harm, equitable remedies can ensure that justice is served in a way that money alone can’t achieve. These remedies can help prevent ongoing harm or injustice, rather than just addressing past harm through financial compensation.
Understanding equitable remedies through an example
Imagine a situation where a company signs a contract with a supplier to deliver a rare piece of equipment that is critical for the company’s operations. If the supplier breaches the contract by failing to deliver the equipment, monetary damages may not be enough because the equipment is unique, and the company can’t easily find another supplier. In this case, the court may grant specific performance, an equitable remedy that orders the supplier to deliver the equipment as originally agreed.
Another example could involve an injunction, where a court may order a business to stop using a trademark that infringes on another company’s intellectual property rights. In this case, money would not be a sufficient solution, as the harm could continue unless the business is stopped from using the infringing trademark.
An example of an equitable remedy clause
Here’s how an equitable remedy clause might appear in a contract:
“The Parties agree that in the event of a breach of this Agreement, either Party may seek an injunction or specific performance, in addition to any other legal remedies available, to ensure compliance with the terms of this Agreement.”
Conclusion
Equitable remedies provide businesses and individuals with solutions that go beyond monetary compensation, ensuring fairness in situations where traditional damages won’t suffice. By offering remedies like injunctions or specific performance, the legal system can address unique or ongoing harm and provide more appropriate, just outcomes.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.