Chapter 9: Nature of Equitable Remedies

Question 1

When will equitable remedies apply?

Answer 1

If common law remedies will not suffice to deliver justice for applicant

Question 2

Are equitable remedies discretionary?

Answer 2

Yes

Question 3

What will the court look at when determining whether to make an equitable award?

Answer 3

The balance between the likely hardship caused to the defendant by grant of the award and that caused to the claimant if the award is not granted

Question 4

Can a claimant seek an equitable remedy at any time

Answer 4

No, there must be no unreasonable delay in bringing the claim and they must come to equity with clean hands