[1][2][3] Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions.
Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances.
The award of specific performance requires that the two following criteria must be satisfied:[9] (i) Common law damages must be an inadequate remedy.
[11] An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party.
This includes "he who comes to equity must come with clean hands" (that is, the court will not assist a claimant who is himself in the wrong or acting for improper motives), laches (equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person cannot litigate against a settlor without providing the appropriate consideration, for example, Money) and that equitable remedies will not normally be granted where damages would be an adequate remedy.