One of the fundamental aspects of equity, as already mentioned, was that it introduced new solutions to complement the injury remedy in common law. ‘
• Such relief, though, is voluntary, so even if the complainant wins the case, the judge does not have to award them. This is the reimbursement to negligence that will be given to a victorious party as of default in relation to the common law.
• Only where the court agrees it is reasonable in all cases will a rational remedy be given. If a group refuses a reasonable solution, this is called disrespect for the ruling, and the judge can either punish the party or even submit it to jail. The most relevant egalitarian solutions are the ones.
The injunction is an order of doing something or not to do something to one of the parties involved in the case. Where the court orders one of the parties to do something that is called a compulsory injunction, where the order refrains from doing something that is called a prohibitory injunction.
• Injunctions are used even in all kinds of situations; in Kennaway v. Thompson (1980), for example, the court issued an injunction regulating the periods that motorboats could be run on a lake.
• An injunction was given in Warner Brothers v Nelson (1937) requiring actress Bette Davis not to be a part of a film with another film company as that would have been a violation of her deal with Warner Brothers. All penalties and an order may be given to a plaintiff.
• The penalties will be as redress for past issues, such as the disturbance and annoyance of the race vessels in Kennaway v. Thompson, as well as an order to prohibit (or limit) future events.
• There may also be an order to protect the rights of one person when waiting for the appeal to be tried. This is considered an order on an interlocutory basis. Since the trial was not heard, the courts provided strict guidelines on when to issue an interlocutory injunction.
Essentially, such an injunction will only be issued if it is believed that one side will suffer irreparable harm at the end of the case. It can also be granted if they suffer harm during the time the plaintiffs have to wait for the appeal to be decided and could not be remedied by the grant of damages.
2. Specific Performance
This is an order to carry out a contract as negotiated. It is only provided under exceptional circumstances where the court believes that the common law remedies for negligence could not sufficiently reimburse the complainant.
• In a land purchase deal. Personal conduct shall never be granted to require someone to provide personal services such as performing at a concert, nor shall it be granted for breach of contract where one of the parties is a minor.
• For contract instances, this is another solution that seeks to restore the parties to their pre-contractual status as far as practicable. Therefore, if a deal concerning the purchase of goods is rescinded, the customer would have to refund the product to the vendor. The vendor seller would have to return the purchase price.
• To comply with this, the court must rule that: where an error has inadvertently been made in a document so that it is not a true version of what the parties decided, the document should be changed to reflect the purpose of the parties.
• The court must rule that, where an error has inadvertently been made in a document, that it is not a true version of what the parties actually decided, the document should be changed to reflect the purpose of the parties.
• The consequence of the order is that those properties must be frozen by third parties (such as banks) that have assets owned by the group under their possession so that they cannot be withdrawn. The discovery warrant requires the complainant to inspect the property of the prosecution and seize all records or other evidence that may aid the applicant in arguing his argument.
The Relevance of Equity Today
• Equitable privileges, preferences, and reimbursement are still important in today's rule. Concepts such as mortgages and trusts are based on the idea that one individual holds the legitimate interest in land but must use that property for another's gain. It is said that this other person has a fair interest in the property.
• Without mortgages, it's hard to imagine life today–the vast majority of homeowners are buying their property with a mortgage.
• Trusts are commonly used in defining problems such as pension funds, as well as in households where the property is invested in younger family members or between husband and wife.
• Equity in the legislation can still create new ideas. This occurred in the 20th century on several occasions. Equitable or promissory estoppel was one creation.
• Lord Denning proposed this in Central London Land Ltd v High Trees House Ltd (1947) for the first time (more commonly referred to as the case of High Trees). In that situation, for 99 years, a block of flats in South London was licensed to a corporation, and the business sold individual flats to tenants.
• After World War II, as a consequence of the war, many people moved out of town, making it difficult to let the apartments. The principal owner decided that while the war lasted, the leasing company would only have to pay half the normal rate. The landlord again demanded the full rent after the war. Denning (a High Court judge at that time) ruled they were entitled to it, but he also found in his decision what the legal position would have been if the owner had tried to claim full rent during the battle. Strictly speaking, the initial 99-year lease deal would have allowed such an argument to be raised by the owner.
• Judgment: Denning said the landlord would have been estopped from arguing, however. Since this case, the statute has acknowledged that in some cases, requiring one side to depend on the specific terms of the contract would be unreasonable (or unfair) if they had caused the other party to think they would not.
• The 'deserted wife's equity' was another egalitarian idea established in the 20th century. This was the belief that the woman had an equal share in the marital home where a husband abandoned his wife and children, even though it was held entirely by the husband. It helped the wife to stay in the house while relying on the baby. In the Matrimonial Homes Act of 1967, this privilege for spouses was eventually put into an Act or Parliament.