Skip to main content

Questions tagged [equity]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
9 votes
2 answers
1k views

What are "equity" and "equitable remedies"?

What is equity and/or an equitable remedy? How does it relate to the common law?
Jen's user avatar
  • 57.3k
9 votes
3 answers
3k views

If a minor enters a contract without the other party knowing about the age, and then the minor breaks a term, is it fraud?

A minor who signs a contract can void it at any time, which might cause damage to the other party. Let's consider this scenario: A minor signs a contract with an adult online with neither party ...
No Name's user avatar
  • 436
1 vote
1 answer
193 views

How can a court in the U.S. overcome eBay Inc. v. MercExchange, LLC and order mandatory injunction?

Law* In Ebay Inc. v. Mercexchange, L.L.C., 547 U.S. 388, 126 S. Ct. 1837 (2006) (“EBay”), the Court restated that: “The traditional four-factor test applied by courts of equity when considering ...
kisspuska's user avatar
  • 3,924
8 votes
2 answers
4k views

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden's user avatar
3 votes
1 answer
783 views

"Equity's darling": How do U.S. courts overcome bona fide purchasers?

This is a follow-up question to this question and this question; the accepted answers to each appear to conflict the concept of bona fide purchasers. According to a Wikipedia page on the topic: "...
kisspuska's user avatar
  • 3,924
1 vote
2 answers
115 views

In the U.K., is rescission due to mere misrepresentation an entitlement? Or is it a discretionary equitable remedy?

If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to entitle the innocent party to rescind the contract? Is it ...
Jen's user avatar
  • 57.3k