What Is Equity Law?

Equity law is a form of dispute resolution in which an aggrieved party is asking his opponent for something other than money. Equity law is often referred to as means of acquiring justice through principles of fairness. A person seeking equitable relief is typically asking a judge to order his opponent to do--or to refrain from doing--something.

  1. Permanent and temporary injunctions

    • Injunctions are judge-ordered directives to defendants, mandating that they stop or commence a certain activity, at least until such time as a full hearing can be held on the merits of the dispute. A plaintiff can seek an injunction only if he has property interest in need of protection and if monetary compensation would be an inadequate remedy.

    Specific Performance

    • Specific performance is an equitable remedy in which a judge orders a party to obey an existing contract to fulfill the contractual obligations. The plaintiff must show that there is a contract that contains specific terms, and he must show how he has satisfied his obligations under the contract.

    Contract Rescission

    • Rescission means voiding a contract. Parties may seek rescission if both parties were mistaken about the facts or the laws related to the subject of the contract. They may also do so if one party either fraudulently or innocently misrepresented the terms of the deal that was the basis for the contract.

    Contract Reformation

    • Reformation is a remedy that changes the terms of an existing written contract so that it is consistent with what the parties had originally intended when they struck their deal. Typically, both parties will seek reformation because they were both mistaken about a fact or law related to the subject of their contract.

    Defenses to a Request

    • If the terms of a contract were not in writing, a judge will not enforce it. In addition, if the plaintiff was involved in wrongdoing--or waited too long to go to court--the plaintiff will fail to win his case.

Related Searches:

Comments

You May Also Like

  • What Does Law and Equity Mean?

    Law and equity refer to two different legal systems which seek to dispense justice in different ways. Law, as the name suggests,...

  • Home Equity Laws

    Home Equity Laws. Home equity is what your home is worth less the amount that you still owe on it. Laws governing...

  • Texas Home Equity Refinance Laws

    Texas Home Equity Refinance Laws. Second mortgages are common, especially for those needing to pay for home repairs or make other investments....

  • Texas Home Equity Loan Laws

    Texas Home Equity Loan Laws. When a homeowner in Texas needs to borrow for any purpose, he can make a home equity...

  • What Is the Definition of Family Law?

    Family law cases are civil cases and are heard in the civil court. Some counties and states have a separate family law...

  • What is Real Estate Equity Division Law?

    Real estate equity division law details the guidelines and rules associated with the ownership of a piece of real property or a...

  • Texas Home Equity Lending Laws

    Texas Home Equity Lending Laws. A person has equity in a home when the amount of money owed on a mortgage is...

  • HELOC Law

    A home equity line of credit (HELOC) is a type of revolving credit line where the borrower's home is the collateral. It...

  • Michigan Bankruptcy Equity Laws

    Michigan Bankruptcy Equity Laws. Michigan law allows those filing bankruptcy to protect some of their equity, including their home, car, retirement accounts...

  • Real Estate Equity Exchange Tax Laws

    Real Estate Equity Exchange Tax Laws. Real estate equity exchanges (called 1031 exchanges) have some advantages per U.S. tax laws. These transactions,...

  • Louisiana Laws on Foreclosure and Equity

    Louisiana Laws on Foreclosure and Equity. According to the 1stForeclosure.com, Louisiana has some of the most stringent anti-debtor foreclosure laws in the...

  • Home Equity and Loan Default Foreclosure Laws in California

    The post-2006 foreclosure debacle has a lot to do with home equity -- or, rather, the absence of it. When a home...

  • Missouri Laws for Chapter 7 Bankruptcy Equity Buy Out

    Missouri Laws for Chapter 7 Bankruptcy Equity Buy Out. When a Missouri debtor files for Chapter 7 bankruptcy, he should prepare to...

  • Define Equity Share

    An equity share is an incremental portion of ownership in a company. Commonly referred to as shares of stock, the more equity...

  • What Is Equity?

    Under the law, ownership has many aspects, including (but not limited to) possession and use. Though many people "own" their houses and...

  • The Federal Employment Equity Act

    Canada's Employment Equity Act is designed to make sure Canadians are not denied jobs based on their age, race or any other...

  • What Is Equity Trading?

    Trading equities involves more than stock trading. Equity trading in the public markets can involve many different securities, requiring diverse strategies and...

  • Typical Debt Covenants

    Debt covenants are contractual restrictions or requirements that a lender places on a borrower when making a commercial loan. They are monitored...

  • Why Is There a 3-Day Period After Signing for an Equity Line?

    When you take out certain mortgage products,a three-day rescission period is required by law. This three-day period gives the borrower a chance...

Related Ads

Featured