Question 1

What's the difference between equitable relief and damages?

Accepted Answer

Damages are money. Equitable relief is everything else — court orders to stop certain behavior, force someone to fulfill a contract, or cancel an agreement entirely. Courts typically only grant equitable relief when money wouldn't adequately solve the problem.

Question 2

When would a court grant equitable relief instead of money?

Accepted Answer

When the subject matter is unique or the harm is ongoing. Real estate deals (every property is unique), trade secret misuse (can't undo the disclosure with money), and NDA violations are common examples. You'll need to show that monetary damages aren't enough.

Question 3

Can I ask for both equitable relief and damages?

Accepted Answer

Yes. You can seek an injunction to stop the harmful behavior immediately and still sue for damages to cover losses you've already suffered. Many contracts explicitly preserve the right to seek both.

Question 4

What happens if someone ignores an equitable relief order?

Accepted Answer

They're in contempt of court, which can result in fines, sanctions, or even jail time. That's what makes equitable relief powerful — it's backed by the court's enforcement authority, not just the threat of a future lawsuit.

Question 5

Do I need to include equitable relief language in my contract?

Accepted Answer

It's not required, but it helps. Many contracts include a clause stating that breach would cause irreparable harm and that equitable relief is an appropriate remedy. This language strengthens your position if you need to ask a court for an injunction later.

Equitable Relief

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about equitable relief

Create a contract with proper equitable relief clauses