Viele übersetzte Beispielsätze mit equitable relief – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von Deutsch-Übersetzungen. A court-granted remedy that requires a party to act or refrain from performing a particular act. The most common types of equitable relief are injunctions – primarily in torts claims – and specific performance – provided in contract disputes. Legal remedies (Damages).
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When a court awards a nonmonetary judgment, such as an order to do something (mandamus or specific performance) or refrain from doing something ( injunction), when monetary damages are not sufficient to repair the injury. The clause typically contains four elements: a statement that a breach of . Definition of equitable relief : A type of remedy that is granted by a court for the purpose of providing relief by requiring a party to either act or to refrain from acting in a specific manner. Перевод контекст equitable relief c английский на русский от Reverso Context: These statutes allow the Department of Justice to bring legal actions for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement.
Historically they were developed and granted by. If you do not qualify for innocent spouse relief, relief by separation of liability, or relief from liability arising from community property law, you may still be relieved of responsibility for tax, interest, and penalties through equitable relief. If you request any of these types of relief, and the IRS determines you do . To support that distinction the Court has appealed to tradition, but it has offered no other justification.
This Article considers two questions about law, equity, and remedies. Both questions are crucial to evaluating the course the Supreme Court is charting. Secon equity relies less on precedent and more on the sense that justice should be served.
First, juries are not used in equitable cases. Thir and of most significance, where what is sought by the nonbreaching party is not money —that is, where there is no adequate legal remedy —equity may afford relief. The court will choose an appropriate legal or equitable remedy to redress the wrong suffered from . Remedies are of two types, legal and equitable. An example of a legal remedy is monetary damages.
The origin of the distinctions between the two types of remedies is historical. The American legal system is based upon English common law. Deutsch Latein-Wörterbuch von PONS Online:Relief.
When litigating a case, it is not uncommon to hear attorneys and judges discuss different remedies. Sometimes, this means different theories as to why the plaintiff should be compensated in cash for a dispute. But, other times this may actually refer to the kind of relief to which the plaintiff should be entitled.
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A plaintiff who seeks equitable relief is asking the court for an injunction. What’s the issue: Many people who had Marketplace coverage and then qualified for Medicare made a costly mistake. They kept their Marketplace coverage and did not enroll in Medicare because they mistakenly believed that their Marketplace . An election official in the . Equitable Relief Opportunity for Marketplace Enrollees Who Need.
Definition of EQUITABLE RELIEF : This term applies to the assistance to a complainant seeking a just and fair remedy from the court. DISCLOSING PARTY shall be entitled to seek to secure equitable relief by way of injunction or otherwise an in such case, notwithstanding the provisions of Clause hereof, the RECEIVING PARTY will immediately return or destroy (in accordance with Clause hereof) all Information and materials . A party seeking equitable relief typically has to show some sense of urgency in order for the court to act. In determining whether to grant an order for an injunction or for specific performance, courts will consider the balance of hardship to the breaching party versus the benefit to the non-breaching party. Outside of the parameters (= framework) of the contract, the most common form of equitable relief is an injunction, ie a court order demanding a party to stop doing something (a prohibitory injunction) or .