Frequently Asked Questions

Why is it important to consult a lawyer when considering seeking equitable remedy?

Consulting a lawyer when considering seeking an equitable remedy is crucial due to the complexity and intricacies of equitable defenses. Equitable defenses, which were once only applied in a court of equity, are now used in a court of law in the U.S. when the remedy sought is "at law". These defenses are based on the principle of fairness and include a variety of factors such as mistake, fraud, estoppel, laches, illegality, failure of consideration, unclean hands, and more. Equitable defenses can be complex and vary depending on the specifics of the contract and the nature of the breach. For instance, defenses used in regard to the performance of a contract may differ from those used for contract rescission. Therefore, it is recommended to consult a lawyer to determine if an equitable defense is possible in your situation. An experienced attorney in contract law can provide valuable advice on both legal and equitable remedies that may be available in the event of a breach of contract. They can explain how equitable defenses work and if they apply to your situation. This is particularly important as equitable relief is not available if the party that violated the contract has a valid defense for breaching the contract.