Equitable Remedies for Common Law Torts

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Title:
Equitable Remedies for Common Law Torts
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Year: 
1999
Publication: 
Arkansas Law Notes
Volume: 
1999
Issue: 
Start Page: 
1
End Page: 
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Language: 
English
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A court of equity’s power to provide remedies for common law tort actions is both broad and dynamic in scope. The principle function of equity is to create remedies through the use of injunctions when common law remedies are not adequate. In many tort actions, such as trespass, assault, battery, and defamation, equity traditionally has no relevance. Equity is normally relevant in cases concerning nuisance and privacy. In most situations, an equitable injunction can only be sought if the plaintiff can prove an injunction is necessary. This also applies in tort actions involving fraud, abuse of process and malicious prosecution, interference of a contract, unfair competition, trademarks, among others. Equity’s necessity in common law tort actions is constantly being redefined and reapplied in a variety of ways.

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