What is a Court’s Power of Equity?
The power of equity allows the court to do what is right when the law does not provide an adequate remedy.
Why Do Courts Have the Power of Equity?
Article III Courts in the United States are vested with the power of law and equity.
What is Equitable Relief?
Equitable relief is a remedy offered by court asking one party to stop doing a specific activity. This is applicable in situations where lawful remedies do not offer adequate restitution.
How is Equitable Relief Used?
Equitable relief is used to provide a just and fair outcome or resolution of a situation when no legal remedy is available to provide fairness or justice in a given situation.
For example, an order for someone to refrain from conducting a specific act.
What are Equitable Remedies?
Common equitable remedies include:
- Injunction
- Specific Performance
- Account for Profits (Unjust Enrichment)
- Reformation/Rectification
- Equitable Estoppel
What are Some Equitable Doctrines?
Some fairness or equitable doctrines include:
- Laches
- Clean Hands
- Adequacy of Damages/Remedy
What is the Doctrine of Clean Hands?
The doctrine of clean hands holds that, take advantage of equitable relief, the offended party or the victim must be completely innocent or free from blame in a situation.
