what is equity in the first place? What exactly are damages? i did not quite understand the difference between rectification and rescission from the lectures?
Equity Law is a discretionary branch of English law available to the Courts where the application of Common Law would lead to an unfair result
Damages is an award of money available through Common Law and, if damages is a sufficient remedy, damages will be awarded. It’s the BIG Common law remedy
Rescission is restoring the parties to their original pre-contractual positions
Rectification is saying “Let the contract continue but only after the Court has amended the contract so that it now reads as the parties intended”