Also known as:appropriate equitable reliefs · equitable relief
Written by attorneys · grounded in primary & secondary sources — see below
Equitable remedies a court may grant to redress violations of a statute or to enforce legal obligations when damages would be inadequate. The remedies include reformation of instruments, equitable estoppel, surcharge, injunctions, and specific performance, provided the relief fits traditional equitable principles and the statutory scheme.
Sources & Authorities
How it applies
Common Examples
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Director Opportunity Disclosure
Director Anita Ali learns of a real-estate parcel ideal for Ashford Manufacturing's expansion. Before signing any purchase agreement, she presents the opportunity to the board. Qualified directors disclaim the corporation's interest following the procedures of section 8.62. A shareholder later sues seeking to impose a constructive trust on the parcel. Because Ali satisfied the statutory safe-harbor steps, the court refuses to award any equitable relief against her.
Social Security Tax Challenge
A corporation pays the employer taxes imposed by the Social Security Act and then seeks to recover them through an equitable proceeding. The court examines whether the tax falls within Congress's constitutional power. Because the statute is upheld, the court denies the requested equitable relief that would have required repayment of the taxes already collected.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Hornbooks
Helvering v. Davis301 U.S. 619 (1937)
Congressional Staff Discrimination
Staff member Aisha Ahmed alleges that Congressman Alan Ackerman terminated her because of her gender. She sues for back pay and injunctive relief. The court recognizes an implied cause of action under the Fifth Amendment and grants appropriate equitable relief in the form of reinstatement and an order barring future discrimination.
Davis v. Passman442 U.S. 228 (1979)
Pension Contribution Equality
The City of Los Angeles Department of Water and Power requires female employees to contribute more to the pension plan than male employees because of longer life expectancy. Female employees sue for equitable relief. The court orders the city to equalize contribution rates prospectively and to adjust past contributions through an equitable accounting.
City of Los Angeles Dep’t of Water & Power v. Manhart435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978)
Age-Based Flight Crew Rule
W. Air Lines maintains a policy requiring flight engineers to retire at age sixty. Older engineers sue, claiming the policy violates the ADEA. The court finds no bona-fide occupational qualification and issues an injunction prohibiting enforcement of the age limit, which constitutes appropriate equitable relief.
W. Air Lines, Inc. v. Criswell472 U.S. 400 (1985)
Class Certification Denial
Female employees of Wal-Mart Stores, Inc. seek class-wide injunctive relief and back pay for alleged gender discrimination in pay and promotion. The court denies class certification because the claims lack the commonality required for class treatment. Without a certified class, the requested equitable relief cannot be granted on a class-wide basis.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
Common questions
Frequently Asked
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What remedies qualify as appropriate equitable relief under ERISA section 502(a)(3)?+
Courts have identified reformation of plan terms, equitable estoppel, and surcharge as remedies that may be granted when they mirror traditional equitable relief. These remedies redress fiduciary breaches or enforce plan terms without awarding extracontractual or punitive damages.
Does a liquidated-damages clause prevent a court from granting specific performance or an injunction?+
No. A valid liquidated-damages provision does not preclude equitable relief if the remedy would otherwise be available. The clause merely supplies an alternative measure of damages and does not constitute an election that bars injunctive or specific-performance relief.
When may a court reform a contract or deed under equitable principles?+
Reformation is available when a mutual mistake or scrivener's error prevents the instrument from reflecting the parties' actual agreement. The court may rewrite the document to conform to the parties' intent provided the requirements for equitable relief are otherwise satisfied.
May a cohabitant obtain equitable relief for contributions to the relationship?+
Yes. A cohabitant may pursue an equitable claim for a share of property based on contributions even if a contractual claim is also available, provided the equitable action is not inconsistent with a valid cohabitants' agreement.
431 U.S. 324 (1977)Employment Law
…which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay . . . or any other equitable relief as the court deems appropriate." The section goes on to provide that "[i]nterim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEIntermediate