What Is an Equitable Remedy?
An equitable remedy is a non-monetary solution imposed by a court to resolve a dispute or prevent further harm. Unlike monetary damages, equitable remedies focus on fairness and addressing the underlying issue, such as requiring specific actions or prohibiting harmful behavior.
Common Types of Equitable Remedies
- Injunction: A court order requiring a party to stop certain actions, such as preventing further environmental hazards.
- Specific Performance: Mandating a party to fulfill contractual obligations, often in property disputes.
- Rescission: Canceling a contract to restore parties to their original state before the agreement.
Application in Personal Injury Cases
Equitable remedies may arise in cases where monetary compensation is insufficient or inappropriate:
- Preventing Ongoing Harm: Injunctions may be used to stop unsafe practices by a company or individual.
- Enforcing Safety Measures: Courts may require property owners or employers to implement safety protocols to prevent future injuries.
- Addressing Systemic Issues: Equitable remedies can resolve broader problems, such as unsafe working conditions.
Equitable remedies complement monetary compensation by ensuring fairness and long-term solutions for injury victims.
