One of the most significant shortcomings of the common law that led to the development of equity was inadequate remedies. As a result, many would be plaintiffs were left out; however, equity increased the remedies. With reference to the above statement discuss five equitable remedies.

The following are equitable remedies:

Specific performance

A party who has acted in breach of a contract may be ordered the court to specifically perform that which he contracted to do.

 

Rescission

This is an equitable remedy available to an innocent party whose contract contains a vitiating factor.

 

Injunction

This is an order or decree which a party to an action is required to do, refrain from doing particular thing.

 

Rectification

This is when an instrument under seal did not reflect the true intention of parties through a mistake in transcribing; the mistake can be rectified. Only documents not contracts can be rectified.

 

Tracing

Steps taken beneficiaries to follow assets which have come into the hands of others. In equity even where a fund is mixed a charge can be imposed on the mixed fund to the full extent of the claimant’s contribution.

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