Section 8 Differences Between Actions at Law and Equitable Actions

• Library: Remedies 2006

Actions at law and equitable actions recognize and protect different rights, have different remedies, and have different procedures to accomplish those remedies.

In the courts of common law, there are certain prescribed forms of action, to which the party must resort to furnish him a remedy; and if there be no prescribed form to reach such a case, he is remediless; for they entertain jurisdiction only of certain actions, and give relief according to the particular exigency of such actions, and not otherwise. In those actions, a general and unqualified judgment only can be given, for the plaintiff, or for the defendant, without any adaptation of it to particular circumstances.

But there are many cases, in which a simple judgment for either party, without qualifications, or conditions, or peculiar arrangements, will not do entire justice ex oequo et bono to either party...