Introduction to Equitable Remedies:
What are Equitable Remedies?
There is a maxim of equity that “equity will not suffer a wrong to be without a remedy.” This maxim is to the effect that when a person is wronged, even in the absence of a remedy by the common law, equity will step in to provide a remedy to the wronged person. Equitable reliefs or remedies are the usual means by which a court will provide relief or a remedy to address a legal or justiciable wrong.
These remedies or reliefs are often described as discretionary. This means that courts have a degree of flexibility and discretion in determining whether to grant such relief and, if granted, how it should be tailored to the specific circumstances of a case.
In addition, these reliefs and remedies are often subject to maxims of equity, which include: equity follows the law, where there is equal equity, the law shall prevail, where the equities are equal, the first in time shall prevail, he who seeks equity must do equity, he who comes into equity must come with clean hands, delay defeats equity, and several others.
Examples of Equitable Remedies:
The following equitable reliefs will be discussed in subsequent notes.