We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What are Equitable Remedies?

By Christy Bieber
Updated: May 17, 2024

Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant, or not grant, a given equitable remedy based on the circumstances of a particular case. As such, equitable remedies are different from legal remedies or remedies granted by operation of law. When a remedy is granted by operation of law, the law essentially mandates that particular remedy; equitable remedies, on the other hand, are generally always decided on a case-by-case basis.

The term equitable remedy comes from the old English court system where there were two courts: courts of chancery and courts of law. Under this system, people would go to courts of chancery if the law didn't really provide them with relief but they still believed they had been wronged. Equitable remedies were and still are about what is fair and right.

A legal remedy, for example, would be damages for a breach of contract. Under the law, a person who is party to a contract can recover damages if the other person breaches. 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. An injunction is granted when money wouldn't be enough to make the plaintiff whole again; in other words, if the defendant does something unfair and money can't fix it, an equitable remedy is more appropriate.

Equitable remedies look at how the defendant acted, how the plaintiff acted, and what each person's state of mind and behavior was. The judge then uses his discretion to decide what is and isn't fair. Another good example of an equitable remedy is equitable estoppel — this means that the defendant may be stopped or prevented from doing something if it wouldn't be fair.

There are also several other remedies considered equitable. Specific performance, which mandates that the terms of a contract actually be fulfilled, is another example of an equitable remedy. Generally, the remedies are any non-monetary or non-criminal remedies or penalties imposed by the judge to try to make the situation right.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By Logicfest — On Feb 04, 2014

Equitable remedies stand as evidence as why lawyers and the legal system is needed. If all remedies were a matter of law in that one could simply plug in a set of facts into a computer and come up with remedies, then the courts system would be streamlined but justice might not always be served.

Equitable remedies came as a result of a realization that, at times, the court should do the "right thing" rather than just enforce laws.

Share
https://www.wisegeek.net/what-are-equitable-remedies.htm
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.