Equitable Remedies

Not every plaintiff in a lawsuit seeks monetary damages. Sometimes a plaintiff needs a judge to order a defendant to either perform, or refrain from performing, a specific action. When a plaintiff pursues a claim in court for which there is no monetary remedy, that plaintiff is seeking an “equitable claim,” as opposed to a “legal claim” seeking monetary damages.

There is no right to a jury trial for equitable claims, as there is for legal claims. Therefore equitable claims are usually heard by a judge in a bench trial. Judges hearing equitable claims are usually less reliant on case precedent than they are for legal claims and are more likely to issue rulings based on principles of fairness. Equitable relief often takes the form of an injunction, a restraining order, or a declaratory judgment that sets out the parties’ future obligations. Plaintiffs may seek equitable and legal remedies in the same action if they have also suffered financial damage.

Equitable remedies are common in breach of contract actions when the plaintiff asks the court to order the defendant to comply with the terms of the agreement. If the plaintiff has also suffered financial damages as a result of the breach, the judge may award legal remedies in addition to equitable remedies. The equitable remedies available to a plaintiff in a contract include the following:

• Specific performance is an order that the defendant undertake the actions agreed upon in the contract;
• Restitution returns to the injured party any money or assets conferred on the other party;
• Reformation resolves a contractual mistake by changing the terms of the contract to reflect the original intent of the parties; and
• Rescission discharges all parties to a contract from their contractual obligations.

Litigation related to equitable claims and remedies are often complex and require attorneys who understand the difficulties faced by their clients and have the skills needed to obtain the necessary relief. The experienced business attorneys at Thomas H. Curran Associates understand that each client’s case is unique and will seek equitable relief or monetary damages that best protect each client’s interests.