The Court of Equity, a separate branch of the judicial system, plays a crucial role in delivering justice when strict legal principles fall short. This specialized court offers a range of equitable remedies that can significantly impact your case, ensuring fairness and comprehensive resolutions. Let’s explore how the Court of Equity can make a difference in your legal matters.

Equitable Remedies

The Court of Equity goes beyond monetary compensation and offers remedies such as injunctions, specific performance, rescission and restitution, trusts, and equitable estoppel. These remedies address unique circumstances and provide tailored solutions.

Flexibility and Discretion

The Court of Equity exercises flexibility and discretion to account for the complexities of each case. It considers fairness, justice, and conscience, allowing judges to fashion appropriate remedies based on the specific needs of the parties involved.

Injunctions and Specific Performance

Injunctions can prevent harm or maintain the status quo, while specific performance compels parties to fulfill contractual obligations when monetary compensation is inadequate. These remedies offer powerful tools for protecting rights and ensuring contractual compliance.

Rescission and Restitution

The Court of Equity can nullify unfair contracts and restore parties to their pre-contractual positions through rescission and restitution. This remedy rectifies unjust agreements and prevents exploitation.

Trust Administration

Administering trusts is another crucial role of the Court of Equity. It resolves disputes, oversees asset management, and ensures the fulfillment of the settlor’s intentions, safeguarding the integrity of trust arrangements.

Equitable Estoppel

Equitable estoppel prevents inconsistent or unfair behavior by barring individuals from making claims that contradict their prior statements or actions. It protects the legitimate expectations of those who relied on such statements or actions.


Seeking the intervention of the Court of Equity can significantly impact your case by providing a comprehensive range of equitable remedies. With flexibility, discretion, and a focus on fairness, the Court of Equity ensures that justice is served beyond strict legal principles. By embracing equity, you can achieve a more equitable and just resolution in your legal matters.

Video Transcript

What Is the Court of Equity? Is Equity Part of the Legal System?

Prior to the founding of the United States, the Court systems were the Court of Law and the Court of Equity and going way, way back without getting into too many details; essentially, the Court of Equity was run by the church, and the Court of Law was run by the government. And if somebody couldn’t get justice in the Court of Law, they would have the opportunity to go to the Court of Equity to see if they can get justice there.

And because the religious authorities had so much weight and authority in society at that time, the Court of Equity, was, respected and followed by many, if not most people, in society. And unfortunately, people often couldn’t get justice in the Court of Law. Maybe they lost on a technicality, but the Court of Equity looked at what is inherent justice in the situation, what is the right way to handle this situation rather than what is technically the Law, and did somebody follow all the technicalities. In the United States legal system, we have merged the Court of Law with the Court of Equity.

I will tell you a little story. There was once a judge appointed by Ronald Reagan who handled a huge case in the United States, and I don’t want to identify this judge because I don’t have his permission. So I am going to keep the details brief, but a very large case, and the judge issued a ruling that was extraordinary in the minds of all the experts who were following this case.

In fact, I spoke with a number of the experts, and they thought that the judge’s ruling was absolutely not in accordance with the Law. Well, I asked the judge about this one time, I had an opportunity to talk with him. And he quite simply said I was sitting in a Court of Equity. What he essentially meant was it didn’t matter what the Law said if the outcome would have been unjust. Operating within his authority in the Court of Equity, he could bring about justice to the situation, regardless of whether the statutes would accomplish that.

Now that was a fairly bold decision. Judges can get in trouble and occasionally even overturned when they deviate too much from the Law. But this was an article three-judge, which means the judge was appointed by the president. And the judge determined he was well within his authority to make that decision. And by the way, it turns out he was. The case was appealed, and that particular aspect was not overturned.

What is the point here? The point is that it is not enough to win on a technicality in Court. You also want to appeal to the judge’s sense of justice or the jury’s sense of justice if you have a jury. A great litigator who is no longer with us once told me when you go to argue your case in Court, remember that judges are made up of both hearts and minds and argue to both of them.

In other words, go ahead and argue the logic and the reasoning to the mind, but also you want their heart to want to support you as well. So it is important that justice be on your side and you explain how that is. Being attentive to both of those pieces makes you a great lawyer.

So what is the Court of Equity? It is essentially the idea that even when the Laws don’t have a just outcome, Courts have the authority to bring about justice in extraordinary circumstances because of their authority in the Court of Equity.


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