Types of Equitable Claim Cases

At BlackBay Lawyers, we provide a comprehensive range of services to help our clients navigate the complexities of equitable claim disputes Some of the disputes that we have worked on in the past include:

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1.    Breach of trust claims: This type of claim arises when a trustee, or someone in a position of trust, breaches their fiduciary duty by mismanaging or misappropriating trust property or funds. Examples of breach of trust claims include embezzlement by a company officer or mismanagement of funds by a trustee of a charitable organization.

2.    Constructive trust claims: This type of claim arises when property is acquired through fraud, duress, undue influence, or a similar wrongful act. A constructive trust allows the court to return the property to its rightful owner, rather than allowing the person who acquired it through wrongful means to retain it.

3.    Equitable compensation claims: This type of claim arises when a person has been wrongfully deprived of property or funds, and is entitled to compensation for the loss. This can include cases where a person has been wrongly evicted from their home or has been denied access to funds that are rightfully theirs.

4.    Fiduciary duty claims: This type of claim arises when a person in a position of trust, such as an agent, trustee, or executor, breaches their duty to act in the best interests of the person or entity they represent. Examples include cases of financial mismanagement or conflicts of interest.

5.    Unjust enrichment claims: This type of claim arises when one party has been unjustly enriched at the expense of another. The court can order the unjustly enriched party to make restitution to the party who has been wronged. Examples include cases of money paid in error, or goods or services received but not paid for.

6.    Proprietary estoppel: This type of claim arises when a person has been induced to act to their detriment in reliance on a representation or assurance as to their entitlement to an interest in property, which is not fulfilled, and the court would consider it unjust for the representation or assurance not to be fulfilled.

7.    Subrogation: This type of claim arises when a person has paid a debt which another person was legally obliged to pay and is entitled to be put in the place of the other person and to recover the amount paid from that person.

8.    Quantum meruit: This type of claim arises when a person has performed work or services and is entitled to be paid the reasonable value of the work or services performed, even though there is no contract.

9.    Equitable lien: This type of claim arises when a person has a right to retain possession of property belonging to another until a debt or other obligation owing by that other person is discharged or satisfied.

10. Equitable set off : This type of claim arises when a person is entitled to set off a debt owing by one party against a debt owing by another party and therefore to pay only the balance.