Remedies Other Than Damages

INTRODUCTION

Damages can be defined simply as a sum of money paid as compensation for a harm or wrong done to an individual. There are many remedies available to a person besides monetary compensation in damages, especially where money alone cannot sufficiently address the harm or wrong done. These remedies are often equitable in nature, therefore many of them can be described as equitable remedies; that is, they are granted at the court’s discretion based on the fairness and justice of the particular case.

While money may help compensate for the harm, wrong, or breach suffered, sometimes an individual may desire more than money. For example, you may actually want the goods that ought to have been delivered under a contract for the sale of goods. Likewise, money cannot prevent someone from continuing an action that is injurious to you and you may also want a remedy that compels them to stop their conduct. A few of these equitable remedies are discussed below.

INJUNCTIONS

An injunction is a court order that either compels someone to do something or prohibits them from doing something. It is an equitable remedy granted at the court’s discretion, depending on whether it is just and equitable to do so in the circumstances. For example, if someone is engaging in behaviour that is harmful to you, you can apply for an injunction that prohibits them from engaging in such behaviour. Similarly, if your neighbour builds a structure on your land without your consent, you can seek an injunction compelling them to remove it, provided that the land is privately owned by you and sixteen (16) years have not elapsed from the date of its construction.

SPECIFIC PERFORMANCE

Specific performance is another equitable remedy granted at the court’s discretion. It compels a party to specifically perform their obligations under a contract rather than merely paying damages for any breach of same.

For instance, if you hired a baker to bake a chocolate cake but instead they baked and wanted to pass to you a sponge cake, you could apply to the court for specific performance, mandating the baker to fulfil the original agreement of a chocolate cake.

Another example is where you sign an agreement to purchase a unique residential property in a prime area, made payments towards same, and the seller later refuses to complete the sale. The court may order specific performance, requiring the seller to transfer the property as agreed. Since no two parcels of land are identical, monetary damages may not adequately compensate you, so specific performance may be an equitable and more practical remedy.

RESCISSION

Rescission is an equitable remedy that allows a contract to be set aside, effectively treating it as though it had never existed. This terminates the contract from the beginning, extinguishes both parties’ contractual obligations and restores them to their original positions. For example, if you were misled into buying a vehicle advertised as “new” but which was actually used, you could seek rescission to cancel the contract, recover your payment, and discharge any remaining obligations.

RECTIFICATION

Rectification is an equitable remedy that corrects a written instrument, such as a contract or deed, to reflect the true intentions of the parties where a mistake or clerical error has occurred. For instance, if a deed contains a misspelt name, omits a party, or lists an incorrect address, you can apply to the court for rectification so that the document accurately reflects the parties’ agreement. However, simple rectifications may be done without requiring a Court order where the parties consent to same.

DECLARATION

A declaration is an equitable remedy in which the court issues a formal statement clarifying the legal rights or obligations of the parties. For example, if two parties dispute ownership of a property or the legal guardianship of a child, the court may issue a declaration confirming who the rightful owner or guardian is.

ANTON PILLER ORDERS

An Anton Piller Order or search order is an equitable remedy that allows a claimant to enter a defendant’s premises to search for and seize evidence before it can be destroyed. This remedy is used to prevent the destruction or concealment of crucial evidence in cases, for example, involving misuse of confidential information and copyright or trademark infringement.

MAREVA INJUNCTIONS

A Mareva Injunction (also known as a freezing injunction) is an equitable remedy that prevents a defendant from disposing of or hiding assets before a judgment can be enforced by essentially ‘freezing’ their assets. Examples can be seen in cases of misappropriation of funds, fraud, fraudulent transfers, breach of fiduciary duty (a legal obligation to act in the best interest of another party) and debt recovery.

CONCLUSION

Legal remedies extend beyond financial compensation. You do not have to settle for only monetary damages if you have been wronged. You can seek an injunction to remove your neighbour’s unlawful structure from your land, or specific performance to ensure that the baker fulfils their contractual promise. Through these equitable remedies, the courts ensure that fairness, justice, and equity prevail where monetary compensation alone cannot make things right.

 

Submitted by,

Akil Durity

Civil Legal Department

Legal Aid and Advisory Authority

23 Stanmore Avenue, Port of Spain.

Contact: 638-5222

Email: [email protected]

Website: www.laaa.org.tt

This article is not legal advice. Consult an Attorney-at-law for legal issues.