Chauffers test for a new cause of action problem: which factor is most important in classifying the remedy as legal or equitable?

• A. Compare the new statutory action to 18th century actions brought in the courts of England prior to the merger of law and equity.
• B. Assess the similarities with existing common law remedies.
• C. Limit the inquiry to procedural requirements.
• D. Examine the remedy sought and determine whether it is legal or equitable in nature (most important factor).

Answer: (D)

The central idea is to look at the relief the plaintiff asks for and classify it based on its nature. Legal remedies are those that provide monetary compensation or damages, while equitable remedies involve court orders or flexible relief like injunctions, specific performance, rescission, or reform. In practice, the most decisive question is what is being sought: if the complaint seeks money, that points to a legal remedy; if it seeks an injunction or some form of nonmonetary relief, that points to an equitable remedy. This focus on the substance of the relief aligns with how courts determine which rules, standards of proof, and procedures apply, including whether a jury trial is available for the claim.

Why the other considerations aren’t the best guide: looking to ante-merger English actions isn’t controlling in modern practice, and comparing to existing remedies or concentrating on procedural requirements doesn’t address the core character of the relief being sought. The remedy actually requested best captures the distinction between legal and equitable claims.