What is equitable relief?

Equitable relief is a type of legal remedy that comes from a court of equity, rather than a court of law. In North Carolina, equitable relief is available when a person or business has suffered a type of damages that cannot be fully compensated with money. In these cases, a court can order a remedy that rectifies the harm and prevents further damage. For example, if a contract was breached, a court might provide equitable relief by ordering specific performance. This means that the person or company in breach of contract is ordered to perform the certain obligations specified in the contract. Other forms of equitable relief can include injunctions, which order a party to stop performing a certain action or behavior. This can be used to prevent a party from causing further harm. Other relief can involve rescission or restitution, which can undo a contract or provide monetary compensation to the wronged party. The court of equity is the court primarily responsible for deciding equitable relief, as this court has the power to issue a remedy that is fair and just in the particular circumstances of the case. An order of equitable relief can be enforced by the court’s power of contempt. This means that the court can issue sanctions or even jail time if the party in breach of the order does not comply.

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