Equitable Remedies

Question 1

When will the applicant have a right to ask for an equitable remedy?

Answer 1

When there is no adequate remedy at law

Question 2

What two things will the court balance when determining whether to award an equitable remedy

Answer 2

1. Likely hardship caused to D by grant of award
2. Likely hardship caused to C if award is not granted

Question 3

What does the maxim of “come to equity with clean hands” mean?

Answer 3

C must not be guilty of any inequitable conduct in relation to the case

Question 4

What is meant by C being guilty of laches?

Answer 4

C carries out unreasonable delay in bringing their claim for an equitable remedy to the detriment of D

Question 5

Laches only applies where the claim has no…

Answer 5

limitation period