Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 3. Court of Chancery · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 342 (2026)

Adequate remedy in other courts

✓ current as of May 2026
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The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State.

Code 1852, §  1933;  Code 1915, §  3844;  Code 1935, §  4367;  10 Del. C. 1953, §  342; 
Notes of Decisions
Cited in 77 cases (37 in the last 5 years), 1958–2026 · leading case: Wife, P. v. Husband, P., 287 A.2d 409 (Del. Ch. 1972).
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Wife, P. v. Husband, P., 287 A.2d 409 (Del. Ch. 1972). · cites it 4× “There the Court determined that an action for child support was within the jurisdiction of the High Court of Chancery of Great Britain and, therefore, it is within this Court’s general equity jurisdiction, subject to limitation only under 10 Del.C. § 342. 1 See also duPont v.…”
El Paso Nat. Gas Co. v. TransAmerican Nat. Gas Corp., 669 A.2d 36 (Del. 1995). “2d 658, 664 (1958); 10 Del.C. § 342. “It is a cardinal principle of the law that jurisdiction of a court over the subject matter cannot be conferred by consent or agreement.”
In Re Wife, K., 297 A.2d 424 (Del. Ch. 1972). · cites it 2× “The Wife obtained a divorce in 1971, but neither party petitioned for a division of marital property and none was made.”
Scribner v. Chonofsky, 310 A.2d 924 (Del. Ch. 1973). · cites it 2× “§ 702 the sole duty of supporting a child rests upon the father if he is living and able to do so, and this obligation to support is a legal, as opposed to a moral duty. In Spruance, one of the questions was whether a father could be compelled by this Court to support a child…”
Fam. Court of the State of Delaware v. Dep't of Labor & Indus. Relations, 320 A.2d 777 (Del. Ch. 1974). · cites it 2× “Initially, I must consider whether the petitioner has an adequate remedy at law in the form of a writ of prohibition as the respondents contend.”
Wife, S. v. Husband, S., 295 A.2d 768 (Del. Ch. 1972). · cites it 2× “Part of that legislation, appearing now as 10 Del.C. § 921, provides: “The [Family] Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning: (c) Enforcement of any law of this State or any subdivision or any regulation promulgated by a…”
Hughes Tool Co. v. Fawcett Publications, Inc., 315 A.2d 577 (Del. 1974). “10 Del.C. § 342, and see In re Markel, Del.”
Tull v. Turek, 147 A.2d 658 (Del. 1958). “However, it still would not follow, even if the circumstances at the time of judgment were such as to make equitable relief inappropriate, that necessarily the complaint for damages should have been dismissed.”
Hughes Tool Co. v. Fawcett Publications, Inc., 297 A.2d 428 (Del. Ch. 1972). “It is a fundamental principle governing the conduct of litigation in this Court that it has no jurisdiction of a cause of action as to which the party seeking relief has an adequate remedy at law, 10 Del.”
Schneider v. Wilmington Trust Co., Bank of Del., 310 A.2d 897 (Del. Ch. 1973). · cites it 2× “” Plaintiffs seek statutory damages for those members of the class who have liquidated their balances in credit card accounts maintained with defendants and an accounting for those members of the class who owe balances in such accounts (so that they may deduct excess interest…”
Broughton v. Warren, 281 A.2d 625 (Del. Ch. 1971). “In this case, as in litigation generally, Chancery is without jurisdiction if there is sufficient remedy at law, 10 Del. C. § 342. Defendant says that such a remedy is available to plaintiff by 21 Del.”
Harman v. Masoneilan Int'l, Inc., 418 A.2d 1004 (Del. Ch. 1980). “First of all, it is clear that this Court is one of limited jurisdiction and may not entertain a cause of action for which there is an adequate remedy at law, 10 Del.C. § 342. And the mere fact that a prayer of a complaint asks for the granting of equitable relief will not…”
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