There are three types of equitable remedies: specific performance, injunction, and restitution.
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What are the 3 equitable remedies?
There are three types of equitable remedies: specific performance, injunction, and restitution.
How do you show commitment to equal opportunities?
Example – To show your commitment to equal opportunities: ‘Throughout my personal and work life I have always demonstrated a commitment to equal opportunities by being sensitive to, and inclusive of, the cultures and circumstances of other people.
What does at law or in equity mean?
Overview. In law, the term “equity” refers to a particular set of remedies and associated procedures involved with civil law. While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur.
Does equity override common law?
Equity Law The Chancery developed its own system of rules which were separate and distinct from the common law rules. But equitable principles will override common law principles where there is a conflict.
How can you demonstrate a commitment to principles of equity?
A commitment to principles of access and equity includes:
- creation of a client oriented culture.
- a non discriminatory approach to all people using the service, their family and friends, the general public and co workers.
Who comes to equity must do equity?
Meaning of the maxim: The maxim “He who seeks equity must do equity” explains that the law of equity requires everyone who comes to get relief to be willing to concede, recognize and admit equitable right of defendant.
Does Equity violate the rule of law?
It can be said that “no matter how morally wrong a particular social action or behavior might be, it is not appropriate for equity to label it as wrong in law if the law itself will not.” So it is vital to understand that equity is not a court of morality and it only intervenes in order to prevent the unconscionable …
What is the difference between equity and common law?
Differences between common law and equity are the common law uses money as the only remedy where as equity seeks another juridical remedies or even monetary remedies. Common law uses previous cases to support and decide new cases and equity law is based on the written laws and decisions are made in equitable way.
Is equity still relevant today?
Equitable rights, interests and remedies remain in the law today. Equity and law are two separate things but they have been incorporated into one legal system, which works efficiently to uphold the rights of people. The most important distinction between law and equity is the remedies each offers.
What is the relationship between common law and equity?
Equity follows the law Equity never overrules or invalidates the common law and always, where possible, attempts to follow it. If the common law is defective, equity may provide an alternative Page 3 cause of action but it cannot actually overrule or invalidate a legal principle.
How do you demonstrate commitment to diversity and inclusion?
How Employees Can Support Diversity and Inclusion
- Know the diversity goals and vision of your organization and its connection to the overall business objectives.
- Participate in employee engagement surveys and respond as openly and honestly as possible.
- Actively engage in the diversity effort.
Is equity in the Constitution?
Article III, section 2, clause 1, of the U.S. Constitution extended the federal judicial power to “all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” In section 11 of the Judiciary Act of 1789, Congress …
What are equity principles?
Equity proceeds in the principle that a right or liability should as far as possible be equalized among all interested. In other words, two parties have equal right in any property, so it is distributed equally as per the concerned law.
What is an example of equity law?
It is what is often what is considered fair and right under natural law. It is used when the laws themselves do not address an issue or are inadequate in some way. Examples of equity decisions include imposing a lien, correcting a property line or ordering someone to do something to prevent damage.
What does it mean to have a commitment to equity?
The commitment to equity requires that individuals not only are able to identify and distinguish discrimination and its limitations as imposed on certain persons but are also dedicated to the crossing and/or removal of those barriers that define its occurrences.
What are equity and diversity principles?
Equity: to treat everyone at work in a fair manner according to their individual needs. Diversity: to value individual differences in the workplace.
How many maxims of equity do you know?
twelve maxims
What are the five maxims of equity?
The main maxims are as follows: • equity acts * in personam; • equity acts on the conscience; • equity aids the vigilant; • equity will not suffer a wrong without a remedy (i.e. equity will not allow a person whom it considers as having a good claim to be denied the right to sue); • equity follows the law (i.e. equity …
What are the rules of equity?
Some of the more common equitable maxims are:
- those who come to equity must come with clean hands;
- those who seek equity must do equity;
- equity regards as done that which ought to be done;
- equity follows the law; and.
- delay defeats equity.
What are diversity principles?
The key workplace diversity principles are: • treating people with respect and dignity; • valuing the differences and diversity of people; • eliminating unfair and inappropriate barriers; and • making judgements based on equity and merit.
How is the conflict between common law and equity resolved?
When there was a conflict between the two, equity would use a remedy which had the effect of preventing common law action from proceeding or prevent the common law judgement from being enforced. It was ruled that, where there is a conflict between the common law and equity, equity will prevail.
Who holds the equitable interest in a trust?
An equitable interest is an “interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary.”[2] The equitable interest is a right …