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equitable compensation; appointment or removal of fiduciary; interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be ...
The Restatement (Third) of Restitution and Unjust Enrichment (2011) (“R3RUE”) states that unjust enrichment is a body of legal obligations under the common law and equity – but separate from tort and contract law – that is available to take away an enrichment that lacks an adequate legal basis. A claim of restitution for unjust ...
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.
Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. [15] If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff.
Tracing claims have two key advantages to claimants. Firstly, they are a proprietary remedy (as opposed to a simple personal claim) which means that, if the defendant is insolvent, then the claimant can take title to the goods, rather than just receiving an award of damages which may be of little value against a defendant in bankruptcy.
Not all these defences are available to all restitutionary claims. The availability of a defence may turn on: whether a restitutionary claim is legal or equitable; whether a claim is for a personal or proprietary remedy; and whether the claim is brought under national or EU law.
Prior to the introduction of the Judicature systems, the enforcement of equitable claims could only occur in a Court of Chancery who held the power to grant relief, and not by the common law. [30] Equating to new rights, exclusive jurisdiction provided relief against breaches of legal privileges which were not preserved by equity within the ...
Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]