Frequently Asked Questions

What are some common equitable remedies when a breach of contract occurs?

Equitable remedies are legal solutions that are typically employed when a breach of contract occurs and monetary damages are insufficient to resolve the breach. These remedies are designed to ensure fairness and justice, and they usually involve the parties taking certain actions to rectify the breach. One common equitable remedy is specific performance, which mandates the party who breached the contract to fulfill the obligations outlined in the contract. This remedy is often used when the subject matter of the contract is unique and cannot be replaced, such as in the case of real estate transactions or contracts involving unique goods or services. Another common equitable remedy is contract reformation. This remedy involves rewriting or revising the existing contract to more clearly define the demands of the parties involved. This is typically used when there has been a mutual mistake or misrepresentation in the contract. Contract rescission is another common equitable remedy. This remedy cancels the existing contract and replaces it with a new one. This is often used when there has been a fundamental breach of contract, or when the contract was entered into under duress, undue influence, or fraud.