Introduction

Question 1

Equity

Answer 1

After courts of law and equity merged in the US, judges wear 2 hats: providing equitable remedies; and providing legal remedies. Equitable remedies are discretionary and relief is based on what the court deems to be just (fair). Legal remedies are based on law (damages).

Question 2

When are equitable remedies available?

Answer 2

Equitable remedies are subordinate to legal remedies, and are ONLY available if the remedy at law is inadequate.

Question 3

When are legal remedies inadequate?

Answer 3

WHEN: 1. money damages are insufficient to fully compensate for irreparable harm; 2. legal damages are uncertain and/or speculative; 3. subject matter of the litigation is unique (rare coin, piece of art, land); 4. D is insolvent; or 5. compensation for the harm would require the filing of successive lawsuits.

Question 4

Important characteristics of equitable relief

Answer 4

1. Discretionary

-Ct has discretionary powers to award both legal & equitable remedies in the same decree. -Ct may always refuse equitable relief.

2. Personal

• Equitable remedies are personal.
• Ct either compels or prohibits conduct of the party.

3. Enforceable

• Ct will not grant equitable relief unless the court can enforce it.
• Balancing test: ct weighs HARM from resulting from equity order versus BENEFIT.