What are court-ordered solutions based on fairness principles called?

Court-ordered solutions based on fairness principles are known as equitable remedies. These remedies arise from the principles of equity, which focus on fairness and justice rather than strictly adhering to legal rules. They are bestowed by courts when monetary damages are insufficient to resolve a dispute or when a legal remedy would be inadequate.

Equitable remedies include specific performance, where a party is ordered to fulfill their contractual obligations, and injunctions, which prevent a party from taking certain actions. These remedies are designed to reflect a more flexible approach to justice, addressing situations where traditional legal remedies fall short.

The context of this concept lies in the distinction between equitable remedies and other types of remedies. For example, statutory remedies are those established by legislation, common law remedies are based on legal precedents and statutes rather than equitable principles, and punitive remedies are intended to punish a wrongdoer rather than address the specific needs of the aggrieved party. Thus, equitable remedies specifically address fairness and justice in individual cases, making them distinct and appropriate in scenarios where equitable principles apply.