Introduction to Equity

Question 1

What are the 2 types of Equitable Remedies?

Answer 1

1. Personal Equitable Remedies - requires defendants to do things, such as pay plaintiff sum of money
2. Proprietary Equitable Remedies - right to property in defendant’s hands

Question 2

What is an Equitable Remedy?

Answer 2

RESPONSES to breaches of private law duties that were only administered in the Court of Chancery

Question 3

What are the Two Jurisdictions equity operates in?

Answer 3

1. Exclusive - THE ONLY POSSIBLE REMEDY – ‘Breach of Confidence, Fiduciary Duty’
2. Auxiliary - Offering SUPPLEMENTARY remedies

Question 4

Where did Equitable Remedies originate in?

Answer 4

Court of Chancery b/c ppl made petitions to show recourse for plaintiff

Question 5

What enabled Equity to deveop?

Answer 5

• Greater use overtime created a precedent