equitable remedylief是什么意思

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求翻译:Disclosing Party shall be entitled to equitable relief by way of injunction and specific performance in the event Receiving Party or any of its Representatives breaches or threatens to breach any of the provisions of this Agreement.是什么意思?
Disclosing Party shall be entitled to equitable relief by way of injunction and specific performance in the event Receiving Party or any of its Representatives breaches or threatens to breach any of the provisions of this Agreement.
问题补充:
披露方应有权公平救济的事件接收方或任何其代表违反禁令和具体表现方式,或威胁违反本协议的任何规定。
披露方均有权由其颁布禁令,或公平救济的具体性能的事件接收方或任何违反行为,或其代表有可能违反了本协议的任何规定,本协议的。
透露党在事件接待会将有资格获得公平的安心通过命令和特定性能或任何它的代表突破口或威胁破坏其中任一个这个协议供应。
披露方有权衡平法上的救济的方式强制令,以及特定的性能在事件接收方或任何其代表违反或违反本协议规定的任何威胁。
公开党经由在事件方面的命令和细节表现将有资格获得公平解除接待党或其的任何代表违背或威胁违反这项协议的条款的任何。
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请输入您需要翻译的文本!From Wikipedia, the free encyclopedia
Equitable remedies are
developed by courts of
from about the time of
to provide more flexible responses to changing social conditions than was possible in -based .
Equitable remedies were granted by the
in , and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the 's
preserves the right to a jury, trial rights in civil cases over $20 to cases "at common law".
The distinction between types of relief granted by the courts is due to the courts of equity, such as the Court of Chancery in England, and still available today in
jurisdictions. Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be granted or not.
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are:
certain proprietary remedies, such as
in very specific circumstances, an
Appointment or removal of
The two main equitable remedies are
and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something). Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant.
An account of profits is usually ordered where payment of damages would still leave the wrongdoer
at the expense of the wronged party. However, orders for an account are not normally available as of right, and only arise in certain circumstances.
Rescission and rectification are remedies in relation to
(or, exceptionally, ) which may become available.
Constructive trusts and tracing remedies are usually used where the claimant asserts that property has been wrongly appropriated from them, and then either (i) the property has increased in value, and thus they should have an interest in the increase in value which occurred at their expense, or (ii) the property has been transferred by the wrongdoer to an innocent third party, and the original owner should be able to claim a right to the property as against the innocent third party.
Equitable liens normally only arise in very specific factual circumstances, such as unpaid vendor's lien.
Equitable principles can also limit the granting of equitable remedies. This includes
(i.e. the court will not assist a claimant who is himself in the wrong or acting for improper motives),
(equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person cannot litigate against a settlor without providing the appropriate consideration e.g. Money) and that equitable remedies will not normally be granted where
would be an adequate remedy. The most important limitation relating to equitable remedies is that an equitable remedy will not lie against a .
Interestingly, damages can also be awarded in "equity" as opposed to "at law", and in some legal systems, by historical accident, interest on damages can be awarded on a compound basis only on equitable damages, but not on damages awarded at law. However, most jurisdictions either have ended this anachronism, or evinced an intention to do so, by modernising legislation.
The classification of a remedy as equitable has various consequences. For example, equitable remedies may be enforced by contempt, and equitable remedies are subject to equitable defenses.
(1908). The Constitutional History of England. . p. 221-226.
(1979). The Discipline of Law. . p. 197.  .
See generally, Meagher and Gummow, Equity, Doctrines and Remedies, 3rd ed.
In English law, see generally American Cyanimid Co v Ethicon [1975] AC 396
See generally, Oakley, Constructive Trusts, 2nd ed.
Goff & Jones, The Law of Restitution, 4th ed.
Mcgregor on Damages, 17th rev ed.
Westdeutsche v Islington BC [1996] AC 669
International Union, United Mine Workers of America v. Bagwell, 512 U.S. 821 (1994).
Bray, Samuel (2014). .equitable relief是什么意思_百度知道
equitable relief是什么意思
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