Law A-Level
Equitable Discretion
What Equitable Discretion means in Law A-Level, as defined for AQA.
Definitions of Equitable Discretion
Exam boards and our study guides word this term in slightly different ways. Learn the version your board uses.
The shift from 'as of right' common law remedies to discretionary interventions based on fairness, the 'clean hands' doctrine, and the inadequacy of monetary awards.
The role of the court in granting non-monetary remedies where damages are an inadequate remedy, governed by the historical maxims of equity and the Judicature Acts.
Topics that use Equitable Discretion
- Law of contract (AQA A-Level)
- Tort (AQA A-Level)
Related terms
- The Compensatory Principle
- Allurement
- Assumption of Responsibility
- Breach of Duty
- Causation and Remoteness
- Close Connection
- Control Test
- Duty of Care
Using Equitable Discretion in the exam
Definition questions usually carry one or two marks, and examiners look for the precise wording. Write the definition from memory, check it against the version above, and then use the term in a longer answer on the same topic so it sticks.
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