Equitable remedy

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  • A Restraint Of Trade Clause

    918 Words  | 4 Pages

    no one significant equitable remedy for resisting the enforcement of restraint of trade clauses in employment contracts, certain authorities tend to indicate that the most effective equitable remedy is an injunction, paired with declaratory relief. An injunction is an equitable remedy commonly used to prevent interference with equitable rights (in its exclusive jurisdiction) or to assist in the enforcement of legal obligations (in its auxiliary jurisdiction). The remedy will only be available

  • Youyang Pty Ltd V Minter Ellison Morris Fletcher

    1225 Words  | 5 Pages

    Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484 Gleeson CJ, McHugh, Gummow, Kirby and Hayne JJ MATERIAL FACTS: The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris Fletcher’s (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters

  • Law and Equity

    1597 Words  | 7 Pages

    his own court named as Court of Chancery this is when a new law came into place named “equity” meaning fairness. Equity historically had been an important source and still plays a vital role with many of our legal concepts having developed from equitable principles. The word equity meaning “fairness” operates on its meaning when adding to our law. Equity and Common Law both systems functioned side by side and eventually a conflict developed between these two systems and in that equity would frequently

  • Equity and Trusts: Barnes V Addy Second Limb Essay

    3471 Words  | 14 Pages

    Introduction This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded

  • Breaches and Remedies: Common Law, Equitable Principles, Corporations Act 2001

    3151 Words  | 13 Pages

    Assignment 1 Question C This paper will seek to identify any breaches of Common Law, Equitable principles, sections 180-184 of the Corporations Act 2001 (Cth), and any other breaches of the aforementioned Act specifically dealing with Takeovers, whilst describing any appropriate remedies that may be available for said breaches. Breaches of s180-184 of the Corporations Act 2001 (Cth), and Breaches of Common Law and Equitable Principles S180 S180(1) of the Corporations Act 2001 Commonwealth (hereinafter

  • Law 421 Contracts

    1057 Words  | 5 Pages

    give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered

  • The Legal Concepts Of An Offer Essay

    1200 Words  | 5 Pages

    a) Common Law Offer The Legal Concepts of an Offer An offer is a conditional promise made by the offeror to the offeree. The offeror will not be bound by her or his promise unless the offeree responds to it in the manner sought by the offeror. That is why it is said the offer is conditional. In the other word, the definition of an offer is a statement made by an offeror that he or she is prepared to be bound to a contractual position-the first essential element to the meeting of the minds of the

  • Essay on comm 320

    3657 Words  | 15 Pages

    Cases Comm 315 Case1 : King v.BioChem Therapeutic Inc. Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period, she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated. Issue: Is the termination of the contract of Dr King for fault justified? Ratio Employer version of facts: 1st meeting: after 5 months and a half

  • Compensation For Breach Of Contract

    1843 Words  | 8 Pages

    Section 74: Compensation for breach of contract where penalty stipulated for Section 74 lays down that “When a contract has been broken, if a sum is named in the contract as the amount be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding

  • Sample Informative Speech Plan

    625 Words  | 3 Pages

    INFORMATIVE SPEECH PLAN Title: Natural Remedies for Colds Specific Speech Purpose: To inform my audience of the different ways to treat colds using natural remedies. Statement: People should learn the alternative ways in treating common ailments such as colds since medicine, nowadays, are bought at a high price. INTRODUCTION I. Attention Step: It was a lovely day at school. I was walking to the canteen with my classmates