EQUITABLE RELIEF

A court-granted remedy that requires a party to act or refrain from performing a particular act. Equitable relief is provided in civil claims involving torts or contract disputes. The most common types of equitable relief are injunctions - primarily in torts claims - and specific performance - provided in contract disputes.

An example of equitable relief in a torts case is a gag order to prevent a person from publishing sensitive information. Specific performance in a contract dispute is warranted when monetary award would be inadequate to compensate the plaintiff, when the contract is valid, and when the defendant is in a position to perform the contract.

A classic example of providing equitable relief in a contractual dispute occurs when a court directs the defendant to sell a piece of real property pursuant to the terms of the original contract. The property could have unique characteristics which monetary damages can not fully rectify.

засіб судового захисту за правом справедливості