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This personal money award is the typical form of restitution ordered. Where a proprietary remedy is awarded, the court recognises (or declares) that the defendant has a beneficial or security interest in specific property of the defendant. Whether proprietary remedies can be awarded depends on the jurisdiction in question.
In modern practice, perhaps the most important distinction between law and equity is the set of remedies each offers. The most common civil remedy a court of law can award is monetary damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting.
equitable tracing as a remedy for unjust enrichment. The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them ...
Adequate remedy. An adequate remedy or adequate remedy at law is part of a legal remedy (either court-ordered or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy [ 1][ 2] This consideration expresses to the court whether money should be awarded or a court order should be decreed..[ 1]
In European states, the type of remedies, including the character and amount of damages, are determined on a case-by-case basis through factors such as the location where the illegal conduct caused damages. The enforcement of legal remedies can be difficult in international litigations as the law in one jurisdiction does not apply to another. [5]
An injunction is an equitable remedy [ a] in the form of a special court order that compels a party to do or refrain from specific acts. [ 1] ". When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers ." [ 2] A party that fails to comply with an ...
Restitution. v. t. e. In the law of civil procedure, election of remedies is the situation in which a winning party in a lawsuit must choose the means by which its injury will be remedied. [1] For example, if a court finds that the plaintiff's painting was stolen by the defendant, then the plaintiff has two possible routes to restore the loss.
Trust law. v. t. e. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. [ 1] It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate ...