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Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5] [6] specific performance; account of profits; rescission ...
The Third Restatement and its predecessor, the Restatement on Restitution (1937), [b] advocate for treating restitution as a unified and cohesive body of law, rather than a muddled variety of miscellaneous legal and equitable claims, remedies, and doctrines such as quantum meruit, quantum valebant, account of profits, quasi-contract ...
The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
By statute, Virginia has established that such defenses can be raised in response to a contractual damages claim, and that the defendant may even recover damages in excess of the plaintiff's claim. Under the statute, however, the court lacks the power to order reform or rescission of the contract.
A plea in equity, in the common law, is a statement of facts raised by a defendant which operates as a defense to an equitable claim raised by the plaintiff.Traditionally, the plea is required to state new facts, additional to those set forth in the plaintiff's bill in equity, and these facts must support a dispositive defense to the claim such as the passage of a statute of limitations ...
A foreign corporation which has not registered to do business in Virginia may still be sued in Virginia courts if it does extensive business in the state. Service on a general partnership may be effected on any general partner, which Virginia law holds to be sufficient to give notice to both the partnership as an entity, and to all named partners.
Following the British codification of the law in India, equitable principles were embedded in the judicial frameworks of the courts. [56] The courts have relied on equity "as a source of law to devise a new principle in a situation where the statute or codified law had no answer to a given situation". [57]