The concept of equitable relief dates back well before the establishment of the state of Florida and the founding of the United States. Equitable relief has its foundation in English common law, which forms the basis of the U.S. legal system in many ways.
Basic definition of equitable relief
Equitable relief is remedy fashioned by a court when existing legal remedies are deemed insufficient. Equitable relief is utilized by a court in a variety of different types of proceedings, including business litigation.
Business litigation, restitution, and equitable relief
A prime example when a court utilizes its equitable powers or provides equitable relief is in a lawsuit in which an award of restitution or financial compensation would be deemed an insufficient or inadequate resolution of a matter. For example, consider a case in which a person misappropriated the intellectual property of someone else.
Ordering the person to pay to the true owner of intellectual property a specific amount of money is likely not going to be considered an adequate remedy. Rather, an equitable remedy requiring the person who misappropriated certain intellectual property to cease and desist unlawfully using that property would be a more sufficient resolution.
Legal assistance and equitable relief
Because a court has a considerable degree of judicial latitude in granting equitable relief, a strong and compelling argument for that type of order is necessary. Typically, an experienced attorney is in the best position to develop and present a persuasive argument to a court when equitable relief is sought in a particular case.
