Understanding Equitable Relief In Small Claims Court

In breach of contract disputes, equitable remedies are non-monetary judgments that a court may order when monetary remedies may not suffice. They are available in different forms, but the most common ones are these three:

Specific Performance

In this case, the defendant is required to complete the agreement(s) exactly as stipulated in the original contract. Specific performance is often ordered if the plaintiff's relief cannot come from any other way. It's usually applicable to contracts involving unusual objects such as antique paintings.

Consider a case where you sign a contract to buy oranges from a farmer, and he or she ends selling the oranges to another businessperson. In this case, the monetary remedy can suffice because you can get other farmers to supply you with the oranges. However, this may not be the case if the contract was to purchase a one-of-a-kind painting from the 18th century. In that case, the defendant may be ordered to deliver the painting according to your contract if he or she indeed has it.

Recession

This remedy involves canceling the contract so that all parties (to the contract) returned to their pre-contract states. This remedy usually applies in cases involving breaches of contract involving the sale of items. Suppose that you signed a contract to sell a classic motorcycle to an auto enthusiast. Also, suppose that after delivering the motorbike, the buyer only pays you a third of the agreed price. If you seek legal remedy, then the court may order the contract canceled so that you get back your motorbike, and you return the money to the buyer.

Reformation

In this case, the existing contract isn't canceled, but it is "reformed" so that its original intention is satisfied. This means it is usually applied in situations where there was a mistake, an omission, or the contract is plainly unfair. Consider an example where you agree to buy all oranges from a farm, which you (together with the farmer) estimate to be ten tons, for a specific price. Suppose that something happens, may be a freak storm, and half of the oranges are damaged. In this case, it would be unfair to pay the agreed price, so you can reform the contract to buy the remaining oranges at a fair price.

Equitable remedies are often curtailed to fit the situation or circumstances at hand. Therefore, if you are looking for a particular remedy, explain your situation clearly to an experienced business attorney like Lynn Jackson Shultz & Lebrun PC so that he or she can know how to help you.

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