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Legal Definitions - equitable action

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Definition of equitable action

An equitable action is a type of legal action that seeks equitable relief, such as an injunction or specific performance, instead of monetary damages. It is different from a legal action, which seeks monetary compensation for damages.

For example, if a person wants to stop their neighbor from building a fence that encroaches on their property, they can file an equitable action seeking an injunction to stop the construction. Another example is if a person wants to force a seller to complete a real estatetransaction, they can file an equitable action seeking specific performance of the contract instead of seeking monetary damages.

Overall, equitable actions are used when monetary compensation is not enough to remedy the situation and when a court order is necessary to provide a fair and just outcome.

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Simple Definition

Equitable action is a type of legal action that seeks a fair and just outcome, such as an injunction or specific performance, rather than just monetary damages. It is different from a regular civil or criminal proceeding, and is often used in cases where traditional legal remedies are not sufficient. For example, if someone is being unfairly prevented from using their property, they may seek an equitable action to force the other party to stop interfering.

I feel like I'm in a constant state of 'motion to compel' more sleep.

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Every accomplishment starts with the decision to try.

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