{"title":"21. Equitable Orders","authors":"Graham Virgo","doi":"10.1093/he/9780198726180.003.0021","DOIUrl":null,"url":null,"abstract":"This chapter examines various other equitable remedies to illustrate the significant impacts of Equity on the remedial landscape of English law, particularly in a commercial context. It discusses the key principles that influence the equitable jurisdiction to make orders. These remedies include various types of injunction, including freezing orders, search orders, specific performance, rescission, and rectification. In each case the nature and function of the order is examined and the requirements for obtaining each order is identified. The chapter particularly focuses on the remedy of rescission to determine when the remedy should be available and how it operates. The chapter identifies various principles relating to the award of equitable orders and makes connections to other fundamental equitable principles which have been recognized throughout the book.","PeriodicalId":181437,"journal":{"name":"The Principles of Equity & Trusts","volume":"28 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Principles of Equity & Trusts","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/he/9780198726180.003.0021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
This chapter examines various other equitable remedies to illustrate the significant impacts of Equity on the remedial landscape of English law, particularly in a commercial context. It discusses the key principles that influence the equitable jurisdiction to make orders. These remedies include various types of injunction, including freezing orders, search orders, specific performance, rescission, and rectification. In each case the nature and function of the order is examined and the requirements for obtaining each order is identified. The chapter particularly focuses on the remedy of rescission to determine when the remedy should be available and how it operates. The chapter identifies various principles relating to the award of equitable orders and makes connections to other fundamental equitable principles which have been recognized throughout the book.