We provide counsel on equitable issues in which “the good guys should win and the bad guys should lose.” The lawyers at Spitz & Neville bring decades of combined experience representing individuals and businesses where the law might not provide a remedy. In that situation, we care for our clients to do our best to ensure “all wrongs have a right.” We use our experience and knowledge with equitable remedies and defenses to assist our clients (and co-counsel when brought on board) to craft creative and effective equitable solutions to issues not adequately addressed by the law.
Examples of equity and why you might want to consider using equity with your issue:
- Equity has some claims and remedies the law simply does not have, such as the following:
- An equitable claim and remedy for an injunction to cause or prevent the other party to perform or not perform a certain action/behavior;
- An equitable claim and remedy for specific performance, forcing the other party to a contract to take the action required in the contract as in closing on the sale or purchase of real estate;
- An equitable claim for “money had and received”, in which one party holds money that in equity, and in good conscience, should be paid to the other party; or
- An equitable claim and remedy for reformation in which the terms of a contract, or the way in which it was procured, is unfair or unjust.
- Equity has a scope of appellate review under South Carolina Law that is quite different than the typical standard of review that can significantly impact your case on appeal.
- While legal issues are decided by a jury, equitable claims, remedies, and defenses are decided by the Court, which can give you some guidance as to what to expect in court.
- Equitable issues are not typically governed by specific statute of limitations, but rather, timeliness issues with equitable claims, remedies, and defenses are decided by the doctrine of laches which is commonly referred to as an unreasonable delay.