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Free Books / Society / Law / Equity Jurisprudence, Trusts, Equity Pleading / | ![]() |
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Section 10. Equity Acts Specifically And Not By Way Of Compensation |
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This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
This maxim has relation to the character of the relief which a court of equity gives. Where nothing is sought from the court except pecuniary damages, there is no reason for going into equity, as there is a plain and adequate remedy at common law. Such forms of relief, however, as specific performance, injunction, and reformation of instruments can only be obtained in equity. Equity will only give judgment for the payment of a sum of money, where it is given in connection with some peculiarly equitable form of relief. For example, in the case of the infringement of a patent or copyright, an equity court in the same action may give a judgment in damages for the past infringement and an injunction against any future infringement. Here equity obtains jurisdiction through the prayer for the injunction.
 
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