A suit in equity is a legal activity where the plaintiff seeks an equitable remedy. A remedy is everything the party come a lawsuit is questioning for. Remedies loss into two general categories: legal and equitable. Historically, there to be courts that law and courts the equity, and each taken on different varieties of lawsuits. This is generally no longer the instance in the U.S.; however, whether courts think about a remedy legal or equitable still relies on its historic classification.
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Promissory estoppel is one form of fit in equity. Promissory estoppel constitutes a request to have the court do an otherwise nonbinding promise binding. A person may bring this form of fit in equity when something an additional person promised resulted in some type of harm. Generally, come prove promissory estoppel, the plaintiff must create the defendant make a promise that he should have actually known would cause the plaintiff to do or stop from law something; the plaintiff sensibly relied on that promise to his detriment; and also not put on impose the promise would develop an unjust outcome.
A short-term restraining order is a fit in same and also a type of injunction. Moreover, any type of lawsuit seeking injunctive relief constitutes a suit in equity. Injunctive relief is a inquiry for the court come order who to carry out or stop from act something. Once a human requests a short-term restraining order, he may, for example, be questioning the court to problem an stimulate commanding one more person continue to be a certain distance far from him.
A lawsuit requesting details performance that a contract is additionally a form of fit in equity. When a plaintiff asks for specific performance, she is asking the court to do the defendant do what he contract to do. Say, for example, a demonstrate contracted v a theater to perform 5 shows but she performed just three. The theatre could lug a suit in regulation requesting money damages. Or the theater could lug a suit in equity questioning the court come order the singer to perform the remaining two shows.
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Another type of suit in same is a request for a constructive trust. Where the legislation is concerned, anything with the word "constructive" in it commonly refers come something created by a court rather than the parties involved in the lawsuit. Accordingly, when a plaintiff asks the court because that a constructive trust, the is questioning the court to create a trust where one otherwise would not exist. A human being requesting a constructive trust generally must prove, in ~ minimum, the the human holding title to residential property would it is in unjustly enriched if that were permitted to keep the benefits associated with the property.
Sophia Lopen started her work-related as a writer in 2010. Her background is in the sales, service and operations next of the banking industry. She hold a Juris Doctorate from man Marshall law School and also a Bachelor the Business administration in management from Texas State University.
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