Glossary entry

English term or phrase:

shall be entitled to seek equitable relief in addition to damages

English answer:

Relief which is fair, resonable & same for any one in the same position

Added to glossary by Ramesh Madhavan
Aug 18, 2004 08:54
19 yrs ago
14 viewers *
English term

shall be entitled to seek equitable relief in addition to damages

English Law/Patents Business/Commerce (general)
Does it mean "to seek compensation of damages" or "to seek compensation of damages and some more compensation"?

Legal document

Responses

+4
7 mins
Selected

Relief which will be fair, resonable & same for all people who are in the same position.

Sometimes, it also means proportionate to the extent of......

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Note added at 8 mins (2004-08-18 09:02:36 GMT)
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Relief is different from damages. They will be paid two amounts: One as Relief and the other as Damages.

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Note added at 11 mins (2004-08-18 09:05:04 GMT)
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\"Entitled to seek\" means \'will be eligible to ask for or claim\'
Peer comment(s):

agree Alexiv : Thank you!
1 hr
I don't know what to say! :-))
agree Rajan Chopra
3 hrs
Thanks
neutral Richard Benham : I think "equitable" here means "at equity", which is defined as "A system of jurisprudence founded on principles of natural justice and fair conduct", which, "supplements the common law and mitigates its inflexibility..." (Collins).
4 hrs
Thanks Richard.
agree Asghar Bhatti : 100% agreed with Richard.There are always two reliefs one under law and the other under Equity which is much more exhaustive.Equitable relief started to benefit those litigants who could not get justice from a court of law,in English judicial system.
5 hrs
Thanks Asghar
agree DGK T-I : Agree claims for Equitable relief & damages are different. Also agree with Richard's comment ~
12 hrs
Thanks
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
+1
8 mins

compensation and reparations

perhaps a set compensation sum plus reparations for actual damage?
Peer comment(s):

agree Alexiv : Thank you!
1 hr
Something went wrong...
+2
4 hrs

relief in forms other than payment of money

Equitable relief or equitable remedies (means granted in equity to redress a wrong) may be more important to the claimant than the payment of damages in money.

Equitable remedies may consist of specific performance, e.g. fulfilling the terms of a contract which has been breached, or something like noise abatement or the removal of some other nuisance which gave rise to the claim.

English law operates for historic reasons with the concept of Equity (meaning actually 'reasonableness' and administered by the Lord Chancellor and later the Court of Chancery) operating parallel to common law, which did not recognize certain concepts was far more limited in its scope and flexibility.

equity /"EkwIti/
· n. (pl. equities)
1 the quality of being fair and impartial.
2 Law: a branch of law that developed alongside common law in order to remedy some of its defects in fairness and justice.
3
Peer comment(s):

agree Tatiana Nero (X)
23 mins
agree DGK T-I : redress of a grievance or hardship, through equity. Granting might or might not have a financial element, sometimes?
7 hrs
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