Discussion Question:"Equitable Remedies" Please respond to the following:Discuss the concept of...

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Discussion Question:"Equitable Remedies" Please respond to the following:Discuss the concept of courts of equity and two remedies that are available in a medical malpractice situation.In the review case Tyler Chase Harper vs. Poway Unified School District referenced in the e-Activity above, Kozinski, the Circuit Judge dissenting writes: “I believe we must also address Harper’s claim that he is entitled to an injunction against the school’s harassment policy on grounds of substantial overbreadth.” Interpret the injunction being used in this case and justify why it would be the appropriate choice.

Tanmoy · Accepted Answer

Equitable Remedies
If a contract is breached by one of the parties to the contract then the very remedy or solution is to file a lawsuit against the party for breach of the contract and seek appropriate remedy for the same. The word remedy in legal terms means the same in medical term i.e. cure. Hence there are two types of remedies i.e. legal and equitable remedies.
Equitable remedies came to compensate the inadequacies that were unable to be granted by the common law courts if the affected party demanded for performance of the contract. Equitable remedies include injunctions, subrogation, liens, rectification; accounts of profits, declarations, specific performance and rescission.     
1. In a recent judgement of medical negligence, the Supreme Court of India awarded compensation on wrongful death of a patient amounting to Rs.11 crores which was paid by the doctors and the hospital. 
2. In another case,

Discussion Question: "Equitable Remedies" Please respond to the following: Discuss the concept of courts of equity and two remedies that are available in a medical malpractice situation. In the review...

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