equitable remedies as applied in the u.s. grew out of france.
equitable remedies as applied in the u.s. grew out of france.
from what country did equitable remedies as applied in the u.s. grow out?
france
equitable remedies were granted by the court of chancery in england, and remain available today in most common law jurisdictions. in many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. notably, the united states constitution's seventh amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law".
equitable remedy
equitable principles can also limit the granting of equitable remedies. this includes "he who comes to equity must come with clean hands" (that is, the court will not assist a claimant who is himself in the wrong or acting for improper motives), laches (equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person cannot litigate against a settlor without providing the appropriate consideration, for example, money) and that equitable remedies will not normally be granted where damages would be an adequate remedy. the most important limitation relating to equitable remedies is that an equitable remedy will not lie against a bona fide purchaser for value without notice.
equitable remedy