Where damages are inadequate, equitable remedies may be available, subject to the court’s discretion and to equitable defences.
Specific performance compelling performance of a contract, available where the subject matter is unique — real property, closely held shares, distinctive goods — and where damages cannot be measured.
Injunctions prohibitory and mandatory, permanent following judgment.
Rescission unwinding a contract and restoring the parties, requiring restoration of benefits received and prompt election.
Reformation correcting a written instrument to reflect the parties’ actual agreement where mutual mistake, or unilateral mistake with inequitable conduct, caused it to be misstated. Clear and convincing evidence is required.
Constructive trust imposed over property acquired by wrongdoing, which gives priority over general creditors and reaches traceable proceeds.
Equitable lien and accounting for profits.
Equitable defences. Unclean hands, laches, and the adequacy of a legal remedy. Laches is the equitable analogue of a limitation period and turns on unreasonable delay plus prejudice.
Discretion. Equitable relief is never automatic, and courts weigh hardship to the defendant and the public interest even where the claim is proved.