Remedies

Question 1

What is the difference between legal remedies and equitable remedies?

Answer 1

Legal remedies - damages are available as of right

Equitable remedies consist of injunctions and specific performance in which are developed due to damages not providing the claimant a solution to their needs.

Question 2

What are Equitable remedies related too?

Answer 2

 Equitable remedies are therefore related to fairness, as opposed to the actual monetary damages suffered as the result of a breach. Given at the discretion of the court.

Question 3

What is the difference between Interim remedies and Final remedies?

Answer 3

• Interim remedies are awarded before the final trial and are designed to last ‘in the interim’ (that is, until the trial).
• Final remedies are those awarded at the final trial.

Question 4

What are examples of pecuniary damages?

Answer 4

	monies due under a contract, 
	loss of earnings as a result of a personal injury, and 
	the cost of medical care.  
Non-Pecuniary Damages 
	Damages for pain and suffering, 
	Loss of amenity (effects on quality of life), 
	Psychological distress, and 
	Loss of entertainment.

Question 5

What is the difference between prospective damages and past damages?

Answer 5

Prospective damages are for future losses. Past damages are for losses already suffered.

Question 6

What are Equitable Remedies?

Answer 6

Injunction
 A prohibitory injunction prohibits or stops someone from doing something
 A mandatory injunction requires someone to do something
 Restitution
 Requires a defendant to forfeit gains that they have unlawfully obtained.
 Rectification
 Alteration of contractual documents where there has been a mistake.
 Specific performance
 Requires a contract to be performed.
 Rescission
 Sets aside the terms of a contractual agreement

Question 7

What are Interim Remedies?

Answer 7

Interim Remedies –
Norwich Pharmacal Orders
 Disclosure orders
 A super-injunction would forbid both the public disclosure of information on the issue and also any disclosure of the existence of the injunction itself.
 Search Orders (formerly known as Anton Piller Orders)
Allow the claimant, accompanied by a solicitor, to enter and search premises.
 Freezing Injunctions (formerly known as Mareva Injunctions)
Preserve property or evidence at the interim stage of proceedings so that the defendant cannot dispose of it.