INTRODUCTION
Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These remedies are discretionary and based on the judge’s assessment of what is just and equitable in each case.
WHAT ARE EQUITABLE REMEDIES?
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England and remain available today in most common law jurisdictions. Despite the widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances.
EXPLANATION
An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party. However, orders for an account are not normally available as of right and only arise in certain circumstances.
KINDS OF EQUITABLE REMEDIES
Under the specific Relief Act, of 1877, Equitable remedies may be granted in any of the following ways,
Injunction:
An injunction is an equitable remedy in the form of a court order that requires a party to do or to refrain from doing, certain acts. A party that fails to comply with an injunction, faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences.
For example, monetary damages would be of scant benefit to a landowner who wished simply to prevent someone from repeatedly trespassing on his land
Specific Performance:
It is an equitable remedy, the court can grant U/s 12 to 30 of the Specific Relief Act 1877 by ordering a party to do the very act that he is under an obligation to do.
Account of Profit:
An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party. However, orders for an account are not normally available as of right and only arise in certain circumstances.
Rescission:
It is an equitable remedy the court can grant U/s 35 to 38 of the SRA 1877 if any contract in writing has been entered by the parties which is voidable or where the contract is unlawful and the defendant is more blamable or where a decree of specific performance of the sale of a contract to take a lease has been made and the purchase or the leaseholder does not make payment, the court can order to rescind the contract.
Declaratory Relief:
It is an equitable remedy the court can grant U/s 42 & 43 of the SRA 1877. The court issues a declaratory decree in respect of a person’s right to property or his status.
Rectification:
It is an equitable remedy the court can grant U/s 31 to 34 of the SRA 1877 when through fraud or a mutual mistake of the parties, a contract or the other instrument in writing does not truly express the intention. The court can issue an order for its rectification or at the request of the parties entitled thereto.
Appointment of Receiver:
It is an equitable remedy the court can grant U/s 44 of the SRA 1877 in a dispute over a business between the two partners. The court may appoint a receiver who looks after the affairs of the business until the case is decided.
Cancellation of Instruments:
It is an equitable remedy, the court can grant to any person U/s 39 to 41 of the Specific Relief Act 1877 who is under the apprehension of causing serious injury to him. So, any person against whom a written instrument is voidable can get a cancellation of such an instrument from the court.
LIMITATIONS
Equitable principles can also limit the granting of equitable remedies.
- This includes “he who comes to equity must come with clean hands” (ie the court will not assist a claimant who is himself in the wrong or acting for improper motives
- Laches (equitable remedies will not be granted if the claimant has delayed unduly in seeding them)
- “Equity will not assist a volunteer” (meaning that a person cannot litigate against a settlor without providing the appropriate consideration e.g. Money)
- Equitable remedies will not normally be granted where damages would be an adequate remedy.
- The most important limitation relating to equitable remedies is that an equitable remedy will not lie against a bona fide purchaser for value without notice.
CONCLUSION
Equitable remedies are judicial remedies. The court grants the equitable remedies in personam. These equitable remedies are not granted in rem.
FAQs
What do you understand by Equitable Remedies and how they are granted?
(2019-S, 2019-A, 2018-S, 2016-S, 2015-S, 2011-A B2U)
What are equitable remedies and how they are granted?
(2011-S)
What do you mean by “Equitable remedies”? How those are granted?
(2009-S)
