Chapter 9: Nature Of Equitable

• Equitable remedies


  Supplement to the common law in cases where a right exists but the common law remedy of damages will not suffice to deliver justice for the applicant
• Equitable remedies


  • Discretionary - the court will decide in each case whether or not to award an equitable remedy
• Principles the court follows in exercising its discretion

  1. Claimant must have legal or equitable right

  2. No adequate remedy at common law

  3. Enforcement must be feasible

  4. Balance the hardship

  5. Defences - inequitable conduct
• Claimant must have legal or equitable right

  Before an equitable remedy can be granted, it must be established that the claimant has a right enforceable at law or in equity, such as a claim for breach of trust
• No adequate remedy at common law

  Equity acts only where the applicant has a right for which there is no adequate remedy at law. The usual common law remedy is monetary damages, which may be inadequate
• Enforcement must be feasible

  Equitable remedies act upon the person to compel that person to carry out a particular act or to restrain him from so doing. Equity will not act where it does not have the power or the means to carry out its orders or where it would be difficult to supervise performance
• Balance the hardship


  The court will look at the balance between the likely hardship caused to the defendant by the grant of the award and that caused to the claimant if the award is not granted
• Defences - inequitable conduct

  The claimant must not be guilty of any inequitable conduct in relation to the case (that is, they must "come to equity with clean hands") and must not have been guilty of any unreasonable delay in bringing their claim (laches)