Equitable remedy

difference between common intention constructive trusts and proprietary estoppel has been described as ‘illusory’ (Hayton). Do you agree with this statement? Consider how the case law has developed and give reasons for your answer. In his article ‘Equitable Rights of Cohabitees’ Hayton suggested that the distinction between common intention constructive trusts and proprietary estoppel has, over time, come to be but illusory and goes on further to propose that since the general direction of the development

operated through the Court of Common Pleas and the King’s Bench and could only offer a limited range of remedies, predominantly monetary damages, becoming inflexible and very strict. This was due to a closed categories of available writs, therefore many judgments were regarded as unfair. As a result people became dissatisfied with the system and started petitioning the king for a more suitable remedies. With increasing number of petitions the king began to delegate the function of resolving such petitions

redress where the common law provided an inadequate remedy or no remedy at all. In equity, generally the court’s power is to direct someone to act or to forbear from acting, which circumstances clearly cannot be redressed by the award of money damages. In New York, with the passage of the 1846 Constitution, law and equity were merged so that jurisdiction could be had by the same tribunal regardless of the nature of the suit. Legal and equitable jurisdictions

remuneration. She may also petition court for winding up order on just and equitable grounds if she was not allowed to leave the company. It is important to consider whether the conduct of Ho and Lo was both unfair and prejudicial and thus the petition shall not be prohibited by the rules in Foss v Harbottle . Foss v Harbottle The case of Foss v Harbottle has been seen as a starting point of minority shareholders remedies and it has set some rules that represent a non-intervention policy adopted

matters which have been left unspecified by the parties and so will only apply if the parties have not made alternative arrangements. interests As is the case with legal property interests, the steps which must be taken to create or transfer an equitable property interest will depend on the nature of the right and the nature of the property

Introduction The basis of law in the United States is English common law. One enduring residual of that early common law is the gradual substitution of an emphasis on distinguishing between oral and written law rather than on sealed and unsealed documents. The question under consideration is whether a client, Ruth, can present a claim to property, which was promised to her orally by Hazel, her now deceased friend. Hazel did not leave a will and died six months after telling Ruth that she would

on the level of performance of the social care workers. Supervision is a critical idea in any social or structured society in which services of high quality and demand are being offered. Many social health care centers in the world are in need of equitable service delivery programs that will oversee a fruitful service reception by the clients. As such, Social Care Supervision refers to this body of knowledge and strategies used to support and instill hard work, quality delivery of products and services

“Prayer for Relief” section of the Original Petition, Plaintiff requests a declaratory judgment against “Defendants” pursuant to Tex. Civ. Prac. & Rem. Code § 37.004, declaring “the amount of Plaintiff’s equitable interest in the hospital bill moneys received by St. David’s.” (Petition, ¶8.1) 8. Plaintiff’s allegations, even if taken as true for purposes of this Motion only, cannot meet the legal standards to support a declaratory judgment action or any other cause of action against St. David’s

discriminatory. Equitable compensation is available where a breach of fiduciary duty results in a loss to the business and is applicable when the parties cannot be reinstated to the position before the breach occurred. The reimbursement would be in form of a judgement debt which is when a contract is made and governed in the state and is breached in the same state which makes it possible to enforce a debt retrieval plan after a breach has transpired. Damages for breach of duty is a substitute of equitable compensation

Mastery Score: 20 / 24 Questions Requirements for the formation of valid 67% 1 2 3 Enforceability of contracts 100% 4 5 6 Statute of frauds 67% 7 8 9 33% 10 11 12 100% 13 14 15 100% 16 17 18 contracts Remedies for contract breaches Equitable remedies Sole proprietorships and partnerships Limited liability companies and limited liability 100% partnerships Corporations 100% 19 20 21 22 23 24 Concept: Requirements for the formation of valid contracts Mastery 67%