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9 votes
Accepted

What are "equity" and "equitable remedies"?

In legal systems descending from English law, the term equity refers to an aspect of those legal systems that has origins distinct from positive law and the traditional common-law writs. Equity traces ...
Jen's user avatar
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7 votes
Accepted

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

1.a) Is there any states in the U.S. where stolen property is statutorily (and/or by case law) mandated to be returned to the legal owner from an equitable owner in the above scenario or in cases ...
Dale M's user avatar
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6 votes

What are "equity" and "equitable remedies"?

united-states @Jen does a good job of recapping the historical antecedents of equity and some of its most notable features. I'll add a few general observations and some additional observations ...
ohwilleke's user avatar
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3 votes
Accepted

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

Background The general common law rule in the U.S. is that someone who transfers property can not give the person receiving the transfer more rights than they have themselves. But, usually, as set ...
ohwilleke's user avatar
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3 votes

Texas SB8 Consequences

There is no prospect for equitable relief in such an outcome. The Texas state government enjoys sovereign immunity, except as specified under the Tort Claims Act. Under that law, immunity is waived ...
user6726's user avatar
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2 votes

What is the legal procedure for suing to void a contract for non-performance?

There are at least three options available to litigate this dispute. The first doesn't actually require going to court unless the other side tries to sue you. The second would probably be cheaper if ...
ohwilleke's user avatar
  • 221k
1 vote

Suits: How can Simon Lowe, with Daniel Hardman, sue Harvey Specter in connection with the doctrine of unclean hands?

The ‘clean hands’ doctrine only applies to equitable remedies, not remedies at law. Breaking confidence is, in this case, breach of an implied term of a contract. It is also a tort and this might be ...
Dale M's user avatar
  • 213k

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