Unity in remedies - finding the best remedy - the adequacy of common law remedies

Abstract

The great barrier faced by the court when awarding the best remedy is the “adequacy of common law remedies” rule. The rule is such that the availability of the equitable remedy is theoretically dependent on the inadequacy of the remedy at law. Importantly it imposes a jurisdictional limitation (or rule). This rule is wrong in theory and not followed in practice. Gradually this rule has morphed into a consideration in the award of remedies. Unfortunately this consideration uses essentially the same wording as the rule, so while textbooks and judges still employ this language, now they are essentially talking about the consideration, not the rule. In its own way and at its own pace, each jurisdiction is searching for the best or most appropriate remedy.