Do equitable remedies include injunctions?
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 mandatory (requiring a person to do something) or prohibitory (stopping them doing something).
What is an example of an equitable remedy?
A typical example of an equitable remedy is monetary loss. The party who has been wronged may receive money as compensation for their losses, even if the other party does not have enough money to pay. There are two types of remedies in contract law: equitable and legal.
What are the four types of equitable remedy?
The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the …
What is not equitable remedy?
Remedies can generally be divided into two categories: legal and equitable. Legal remedies allow the non-breaching party to recover monetary damages. In contrast, equitable remedies are non-monetary solutions to resolve the disputed issue.
What is classified as an equitable remedy?
Equitable relief, also referred to as an equitable remedy, is a type of court-ordered relief for an aggrieved party that is used when ordinary legal remedies – such as awarding damages – are considered inadequate justice for the suffering party.
What is interim injunction?
Interim orders and injunctions are temporary orders issued by Courts in order to preserve the rights and/or assets of the applying party and/or the “status quo” until the Court reaches its final decision on a particular case.
Which of the following is classified as an equitable remedy?
Specific performance, restitution, and injunction are the classification of equitable remedies.
What is an interim remedy?
More: in civil litigation. More, a court order, also known as ‘interim relief’, that gives temporary relief to a party to the litigation. More pending the full trial of the dispute and the parties’ rights being finally adjudicated upon; for example, an interim injunction.
Is an interim injunction an interlocutory?
An interim injunction is sought where there is an urgent need for injunctive relief and is often granted on an ex parte basis (without the other side being present in court). This type of injunction is granted for a short period of time typically until the hearing of a motion for similar interlocutory relief.
When generally are equitable remedies available?
A court will typically award equitable remedies when a legal remedy is insufficient or inadequate. For example, courts will typically award equitable relief for a claim which involves a particular or unique piece of real estate, or if the plaintiff requests specific performance.
When can an interim injunction be granted?
A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.
What are interim injunctions?
An interim injunction is provisional measure sought during legal proceedings, before trial. An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial.
Is Interim a type of injunction?
What is the purpose of an interim injunction?
Are interim injunctions unfair?
The courts typically exercise the discretion to grant an interim mandatory injunction more sparingly than an interim prohibitory injunction since, given that it is an order which requires a party to do something, there is generally a higher risk of injustice and irredeemable harm to the respondent if the decision is …
What is interim injunction law?
a temporary order given by a court of law which tells someone either to do or not do something until an official decision on the case can been made: to seek/grant/make an interim injunction.
What are the grounds for an interim injunction?
(1) by consent, (2) in connection with charging orders and appointments of receivers, (3) in aid of execution of judgments. 1.3 In any other case any judge who has jurisdiction to conduct the trial of the action has the power to grant an injunction in that action.
What is the difference between equitable remedies and injunctions?
Equitable remedies act in personam and it is a contempt of court to wilfully refuse to comply with the court order. ■ An injunction is an order of the court directing a party to the proceedings to do or refrain from doing a specified act.
What are the conditions for an injunction to be granted interim?
■ Where the injunction will finally dispose of the matter. To obtain interim relief in such cases the claimant must show a strong prima facie case, or at least more than an arguable case, otherwise the court will permit the defendant’s right to a trial.
What is relief of temporary injunction?
The relief of temporary injunction is an equitable relief and it is not granted where the pan applying for temporary injunction does not come with clean hands. A dishonest litigant loses his remedy when he is guilty of misrepresentation or concealment of material facts.
Should the remedy of an injunction be flexible?
However, in Hubbard v Vosper [1972] 2 QB 84, Lord Denning stated that the remedy of an injunction should remain flexible and that the court should take into account all the circumstances of the case.