Equitable Relief
Candlefocus EditorEquitable relief is an equitable remedy that is used in situations where legal remedies are inadequate or nonexistent. It is used where the court needs to ensure fairness and justice in a dispute. The court seeks to ensure that the party who has been wronged is placed in the same position that would have been if the wrongdoing had not occurred. This is achieved through the court ordering one party to do or refrain from doing something or ordering a party to transfer part of their property to the wronged party.
Equitable relief may be granted when a breach of contract occurs and can include restitution, specific performance, and rescission of a contract. The court can also grant injunctions, whereby the infringing party is forced to stop doing whatever it was that caused the breach.
Equitable relief can also be used in cases of intellectual property theft. In such cases, a court may issue an order referred to as “injunctive relief” which requires the infringing party to cease using the copyrighted material.
Equitable relief is a powerful and effective tool for enforcing legal rights and providing justice in certain circumstances. It is intended to give the parties the same position they would have been in if the wrong had not occurred. Courts must weigh all the facts, weigh the relative harm, and exercise a firm but fair hand when granting equitable relief.