An individual or entity who is asking the court to grant an injunction for something is essentially asking the judge to compel or force another party to either do or stop doing something. The courts often grant injunctions in order to prevent some harm from being done while the parties litigate a dispute. In this way, the court prevents future harm, rather than trying to compensate someone for harm or loss after the fact, and this is how it differs from a legal claim.
A court awards an injunction to prevent a future harmful action- rather than to compensate for a past injury — or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. There are a variety of equitable remedies, but the principal remedies are:
- Specific performance
- Account of profits
- Equitable estoppel
- Certain proprietary remedies, such as constructive trusts
- In very specific circumstances, an equitable lien.
- Equitable compensation
- Appointment or removal of fiduciary
The claims in which individuals claim that the actions of another person or entity have caused them some type of loss. Loss, as it applies to a legal claim or civil lawsuit, might include anything from bodily injuries sustained in an accident, to property damage resulting from negligence of a contractor, to financial losses incurred because of fraud.
In any legal claim, the plaintiff must prove to the judge that he suffered some type of loss, and that it was the defendant’s actions, failure to act, or fraud that caused his loss. If he is successful, the judge may order the defendant to pay money to the plaintiff to remedy his losses. This monetary award is referred to as “damages.”
ASC does not only deal with legal claims but is efficient at par to deal with equitable claims as well.