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remedies at equity
A court may allow equitable relief where the remedy at law (i.e., damages) are inadequate.
In determining whether the remedy in damages would be adequate, the following circumstances are significant:
(a) the difficulty of proving damages with reasonable certainty,
(b) the difficulty of procuring a suitable substitute performance by means of money awarded as damages, and
(c) the likelihood that an award of damages could not be collected.
Rest 2d Contracts 360
Generally, the more unique or uncertain the value of promised performance, the less adequate legal remedies will be. Compare [Manchester Dairy System v Hayward] (contract for milk only from certain cows) with [Van Wagner Advertising Corp v S n M Enterprises] (breached lease of Manhattan billboard).
Particular situations
- The existence of liquidated damages does not in itself make legal remedies adequate [Manchester Dairy System v Hayward] (ordering specific performance on contract for milk only from specific cows, even where contract stipulated liquidated damages as well)
-Nor does a promisee's ability to mitigate damages prevent equitable relief [LaClede Gas Co v Amoco Oil Co] (long-term contract for delivery of natural gas in period of uncertainty as to energy supplies)
- specific performance of leases of real property is not automatically appropriate [Van Wagner Advertising Corp v S n M Enterprises] (refusing specific performance for breached lease of Manhattan billboard)
-specific performance of contracts for personal service are unvailable [Fitzpatrick v Michael] (contract to take care of widow and manage deceased husband's estate)
Types of equitable remedy
Cases
Cases allowing equitable relief
[Manchester Dairy System v Hayward] (contract for milk only from certain cows)
Cases witholding equitable relief
[Van Wagner Advertising Corp v S n M Enterprises] (refusing specific performance for breached lease of Manhattan billboard)
[Fitzpatrick v Michael] (contract to take care of widow and manage deceased husband's estate)
[alias: equitable remedies]
[alias: equitable remedy]
[alias: equity]
[alias: equitable]