Equitable relief is a legal term, used in civil cases, to refer to any kind of remedy given by a court that is outside the range of typical legal remedies. This type of order from the court usually applies when the typical legal remedies would be ineffective. The purpose of equitable relief is to prevent injustice and to make a situation equitable or fair for all concerned parties.
In some cases, equitable relief is used to prevent irreparable harm from occurring to one of the parties. This is typically in cases where money damages are insufficient to resolve the situation satisfactorily. One example of this type of relief is when an employer is sued for wrongfully terminating an employee’s contract before its expiration. The court might order the employee to be reinstated in his or her prior position.
Other Types of Equitable Relief
The court might also issue an injunction, which is a legal order sought by one party requiring another to do something or to stop doing something. For example, if a tenant believes that their landlord is putting their health at risk by not providing a safe living environment, they might ask the court to issue an injunction against the landlord until they can remedy the situation. Injunctions can also be used to stop someone from infringing on another person’s copyright or trademark.
Equitable relief can also be used to grant specific performance of a contract. Specific performance is a court order allowing a party to do exactly what was stated in a contract. For example, if a seller breaches the terms of a purchase agreement, the court might issue an order requiring the seller to transfer the title to the buyer in accordance with the terms of the contract.
Conclusion
Equitable relief is a legal remedy used in civil cases when the typical legal remedies are inadequate to prevent injury or injustice. This type of legal relief can cover a lot of different situations, such as injunctions, specific performance, and others. Ultimately, the purpose is for a court to make the situation equitable and fair, for the benefit of all parties concerned.