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Equitable Actions

Equitable Actions can be thought of as claims based on fairness. The Court is essentially asked to do justice where it is so required. There are numerous equitable claims and defenses available under Florida law within the scope of business litigation.

An example of such types of actions that may arise in business cases include, for instance, quantum meruit. This is an equitable claim that exists where there is no express agreement, but one party has provided a benefit to another, which is accepted, under circumstances where a reasonable person would expect to pay for them and does not do so. Within a business context, this would occur where no formal contract was agreed upon, but the fairness and equity dictate that one party recover damages from the other.

Another example of an equitable action is for Rescission of a contract. Rescission requests that the court undo a contract, generally because of fraud, mistake, impossibility of performance or other grounds and there is no adequate remedy under the law. Such a request may occur, for instance, in a business context where parties have agreed to a contract, but the parties were mistaken as to their beliefs about a certain important fact which would affect or prevent their performance. In such circumstances, one party may want to undo the contract and would seek Rescission as relief.

Another example of equitable relief would be an action for Equitable Estoppel. A claim for equitable estoppel may exist where there was a representation of a material fact by one party who then asserted a contrary fact. If the other party relied on the misrepresentation and then suffers as a result in the change of position of the asserting party, he may be entitled to equitable estoppel.

There are also a number of equitable defenses available under Florida law. Recognizing, asserting, presenting and arguing such defenses may permit litigants to defend and avoid liability for certain claims.

At Brick Business Law, we litigate and advise on cases involving equitable causes of action and equitable defenses. We pursue and defend equitable actions. Please contact Brick Business Law for a free initial consultation regarding what equitable actions or defenses are available to you or your business.

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