Equity

Equity jurisdiction

—DE Court of Chancery has jurisdiction when (1) case involves equitable claims, (2) plaintiff requests equitable relief, (3) statute confers jurisdiction; may apply cleanup doctrine to address other nonequitable (legal) issues in case

Jury trial

—court has discretion to send issues of fact to be tried by jury in court of law (rarely exercised)

Declaratory judgments

—no jurisdiction for declaratory relief unless allegations are directed toward enforcement of exclusively equitable right or are sufficient to establish no adequate remedy at law

Enforceability of equitable remedies

—directly enforceable by court through contempt

General requirement

—inadequate remedy at law

Equitable relief available only when no adequate remedy at law

• Subject matter of litigation is unique

• Damages are uncertain or speculative

• Multiple and successive lawsuits would be required to get relief at law

• Judgment at law is uncollectible (e.g., defendant is insolvent) or

• Plaintiff’s injury cannot be fully compensated by money judgment

Limits on equitable relief

1. Impracticability—balance burden on court in enforcing and supervising performance of relief against advantages gained and harms avoided by providing relief

2. Infringement on constitutional rights

3. Interference with sovereignty of another state or country

4. Protection solely of personal rights—relief may be denied unless there is violation of constitutionally protected civil right or harm that shocks court’s conscience