what is the difference between common law remedies and equitable remedies?
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These equitable doctrines and procedures are distinguished from "legal" ones. While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.
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METHODS OF CREATING EQUITABLE EASEMENTS. The principal difference between a legal and an equitable easement, is in the method of its creation, and the circum- stances under which the right can be enforced.
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What is the difference between remedies at law and in equity? Remedies at law are limited to payments of money or property (including land) as damages. Remedies in equity is available only when there is no adequate remedy at law. ... Sometimes known as Equity Relief.
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Courts of law administer justice according to criminal law and common law. Courts of equity administer justice according to criminal law and common law. Courts of equity administer justice according to "fairness". ... As time passed most states abolished the difference between law and equity.
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Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact.
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1) Statutes and common law In the English legal system, common law and statutes are both sources of law, amongst other sources such as equity or EU Law. Common law is built up out of precedent. Statutes are made by the Parliament, which is the supreme lawgiver, and the judges must follow statutes1.
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Common law draws a distinction between primary and secondary sources of law. Primary sources of law are legislation and case law. Secondary sources are just about everything else, for example: ... Secondary sources interpret and comment upon the law.
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A common distinction is that subjective law is “rights”, while objective law is “Right”. Subjective and objective law is a distinction set to differentiate between the application of law onto a specific case and subject (subjective) and the principles and groundwords that exist independently of application (objective).
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At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. ... Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary.
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Judge-made law – known as common law – is law that has developed from judgments handed down in court. It is most often used to make decisions about areas that are not included in Acts of Parliament. When using common law judges decide cases along the lines of earlier decisions made in similar cases ('precedents').
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The difference between equality and equity must be emphasised. Although both promote fairness, equality achieves this through treating everyone the same regardless of need, while equity achieves this through treating people differently dependent on need.
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What is the difference between common law and statutory law? Common law is set by judges' decisions in cases, and statutory law is set by state, federal, and local legislators. ... In civil law, a wrong usually is done to an individual, as opposed to on society as a whole.
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Public law is regulation of the legal system itself, rather than the regulation of individuals. Simply the main difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people.
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Currently, the difference between common and civil law means limited practice opportunities for Ontario lawyers who want to do work in Quebec. ... The new arrangement will replace those conditions and allow Ontario lawyers to practise in any province, including Quebec, in any area of law they're competent in.
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If there is a conflict between legislation and the common law, legislation will over-ride the common law. However, that conflict must be clear. There is a presumption that rights under common law continue unless the legislation clearly does away with them. “Legislation is written on the common law”.
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What is the Difference Between Public Law and Private Law? ... Public law is regulation of the legal system itself, rather than the regulation of individuals. Simply the main difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people.
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The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. But these divisions are not as clear-cut as they might seem.