Equitable Remedies

What Are Equitable Remedies in Tort Law?

Equitable remedies are non-monetary solutions provided by courts when legal remedies (like damages) are insufficient. They aim to achieve fairness by compelling a party to act or refrain from acting in a certain way.

Quick Definition

Equitable remedies are court-ordered actions that require parties to do or not do something, rather than simply paying money. They include injunctions, specific performance, and rescission, focusing on fairness and justice.

In Context

Equitable remedies often come into play in situations where monetary compensation isn't adequate to resolve the harm. For example, in the famous case of Warner Bros v. Nelson (1937), the court issued an injunction to prevent actress Bette Davis from working for another studio, enforcing her contract with Warner Bros. This illustrates how equitable remedies can enforce contractual obligations or prevent ongoing harm.

See Also

• Injunctions

• Specific Performance

• Rescission

Learn More

Dive deeper into equitable remedies and other tort law concepts with our Tort Law Notes for comprehensive case law, examples, and revision tips.