Business Studies, asked by EmanTahir9750, 11 months ago

is a body of law that provides justice when the law does not offer an adequate remedy

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Answered by DodieZollner
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It is Equity  as a body of law that provides justice when the law doesnt offer an adequate remedy

Observation  

In law, the term "equity" refers to a special set of measures related to civil law and related processes. These equitable principles and processes are separated from "legal". While legal remedies generally involve monetary loss, equitable relief usually refers to injection, specific performance, or vacator. When a legal remedy is inadequate or inadequate, a court will generally provide a fair measure. For e.g., courts typically deliver reasonable relief for the claim, which involves a special or unique piece of real estate, or if the plaintiff requests specific performance

Original  

A distinction was born in England, where there were separate courts and equity courts. After this pattern in America, some states made chancery courts which only deal with justifiable relief. In other states, courts of common law were given the right to use equity jurisdiction. Today, different courts of Chancery have been largely abolished, because the same court which can take legal measures has the power to determine a just person.  

Expansion of equitable relief  

Courts sometimes hesitate to apply equitable relief, especially specific performance. This is because equitable treatments often require courts to monitor measures to ensure that the defendant complies with the order of the court. However, the Supreme Court is ready to encourage the use of fair treatment in certain areas of law.  

ERISA  

CIGNA V. Amara, 563 U.S. In 421 (2011), the Supreme Court said that for the violation of ERISA, the victim party may be entitled to "get other reasonable justified relief" besides legal remedies. In Montanil vs. BD TRS Natl lift lift of Sindhu Health Benefit Plan, 577 US __ (2016), Supreme Court reduced the scope of fair treatment for ERISA violation. In Montanael, the court said that the party claiming equitable relief under the ERIA is generally limited to the available relief in equity. Just as the ERIA has been implemented, equitable relief will not extend to a plaintiff to implement "equitable liens against the defendant's general property".


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