Discussion in 'Legal Terminology' started by donhelliona, Dec 21, 2012.
Does "equitable relief" have the same meaning as fair compensation/just remedy?
Thanks very much
In English law, the expression would be 'relief in equity.' It would convey the meaning of a form of relief demanded -- just as you suggest -- by ordinary ideas of fairness or justice, but in the distant past not available under what had previously been a somewhat rigid system of law.
Thanks for the clarification. I read the phrase from a judgment, and wanted to be sure that I understood it correctly. Thanks again
Agree with paieye. And if this helps, know that when someone requests equitable relief, he and everyone else in the room knows that what he really means is "Your honor, I know the law doesn't exactly provide for this, but come on, fair is fair."
Sometimes it means fair compensation, but more often than not, I would say no. From my unscientific observations, the most common type of equitable relief (which is normally how it's phrased in the US) is an injunction (including a temporary restraining order). There is no compensation at all involved in that kind of relief. And an order for specific performance of a contract (typically involving real property) may have an element of compensation but that is not the gist of the remedy of specific performance.
As to just remedy, I will say that you can't get equitable relief if the court finds that it would inequitable to grant it.
I would summarize equitable relief as being a remedy other than money damages (keeping in mind that there are some legal remedies that don't grant money damages).
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