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Dear Sir,
In attempting the practice questions for chapter 5, I encountered the following question and answer:
Which of the following choices is not ordinarily associated with the concept of equity?
I selected the option which said ‘a plaintiff must ask for equitable remedy’. However, this was marked as incorrect with the correct answer given as ‘an equitable remedy will not be awarded if a contract has been affirmed’
Can you please explain this answer to me as as I was of the opinion that not awarding such remedy where a contract is affirmed was just what equitable remedy was about?
Thank you
The correct answer that should be marked is “A plaintiff must ask for an equitable remedy”
Equitable remedies are awarded at the discretion of the court and not, therefore, because someone has opted to ask for such a remedy
I’ll have the quiz answer corrected
Thank you
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