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.
Is an accounting equitable relief?
An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty.
What is injunctive relief example?
The primary purpose of injunctive relief is to have another party act or cease behaving in a certain way. For example, if someone is illegally replicating Burberry products, Burberry will not be satisfied with just a monetary award for damages.
What is equitable and injunctive relief?
An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
What is profits remedy account?
An account of profits is an equitable remedy which aims to cut the profits made through committing an equitable wrong. This may be given in cases where a defendant has profited from committing an equitable wrong. This therefore requires the offending party to give up the profits made.
What are equitable remedies in law?
Equitable remedies are actions that the court prescribes which will serve to resolve the breach or dispute. Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing.
What is injunctive and equitable relief?
Equitable Claims A plaintiff who seeks equitable relief is asking the court for an injunction. An injunction is a court order compelling a party to do or refrain from doing a specified act.
What is injunctive relief?
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. Such orders, when issued before a judgement, are known as preliminary injunctions that can be punished as contempt if not obeyed.
Is accounting a cause of action or remedy?
An accounting is an equitable action that may be brought where a fiduciary relationship exists between the parties or the accounts are so complicated that an ordinary action demanding a fixed sum is impracticable. (5 Witkin California Procedure (5th Ed.
What are injunctive remedies?
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
What are examples of equitable remedies?
The damages are equal to the actual damages or loss he experienced as a result of the breach of contract. The law stipulates that this is the appropriate remedy. A judicial remedy or equitable remedy for breach of contract, on the other hand, is not monetary damages. One example of an equitable remedy is an injunction.
What is a petition for injunctive relief?
injunctive relief. n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.
What is a remedy at law?
An adequate remedy or adequate remedy at law is a legal remedy (either court-ordered or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy.
What is equitable relief?
Equitable Relief Definition. Equitable relief is a remedy offered by court asking one party to stop doing a specific activity.
