Equitable remedy

1. Introduction 1. Equity and Trusts * Equity is a particular body of law, consisting of rights and remedies, which evolved historically through the Courts of Chancery to mitigate the severity of the common law. * The trust has been characterised as the greatest and most distinctive achievement in equity although an exact definition of the trust has proven difficult. * Equity would recognise and enforce rights and duties that were not known to the common law. * E.g. the common

1. Introduction The given scenario pertaining to, the existence and legal obligations of a contract between Margaret and Emily, raises question upon certain aspects of contract law. Those being, intention, consideration, contractual capacity and equity. Bellow will be a detailed analysis on the issues raised, legal reasoning and interpretation of the issues as to advise Emily on how to resolve this domestic dispute. 2. Margaret and Emily- Common Law The Primary concern is whether Emily holds

Mediation Memorandum TO: Alex Fairchild, Mediator FROM: Marshall Petersen DATE: March 7, 2017 SUBJECT: Dispute between Marshall Peterson and Barfield Family Farms My name is Marshall Peterson. I am the owner of a small, local health food products business, in Huntsville Alabama. I have recently filed a civil action lawsuit against Barfield Family Farms, a local produce supplier, for breach of contract. I have agreed to try and resolve this matter through this mediation, at the Barfield Family

Introduction The doctrine of unconscionability deals with circumstances where contracts are knowingly being exploited by [the defendant] as one party [the plaintiff] is suffering from a ‘special disadvantage’ . This doctrine originated in the mid 19th century from ‘expected heirs’ who expected to inherit property, however before the property was inherited, the owner would sell the property to someone else, typically at a very low price. Thus, the doctrine of unconscionability originally addressed

s. “ (2) A proprietary claim in restitution I have already stated that restitution in these cases can be achieved by means of a personal claim in restitution. The question has however arisen whether the Bank should also have the benefit of an equitable proprietary claim in the form of a resulting trust. The immediate reaction must be ­ why should it? Take the present case. The parties have entered into commercial transaction. The transaction has, for technical reasons, been held to be void from the beginning

The most pressing public policy issue affecting my community is educational disparity and inequality. Education is the key for racial equality, yet the federal government continues to neglect the educational discrepancies that plague various African American communities. Opportunities that are not offered to African American students are a microcosm to the present struggles minorities endure. The continued growth of the Black middle class since the 1960’s has serve to expand the social and educational

Hospitals or specialized medical organizations often enter into a contract that is “Exclusive” meaning that the person or people will be providing a specific service to that organization. Specialized medical organizations also known as ancillary service departments are “specialized” departments such as radiologists, anesthesiologist, and cardiologists. Exclusive contracts are often seen between these specialized departments such as in the case of nurse Oltz, an anesthesiologist for St. Peter’s Community

Drafting Note to Introduction Although for the sake of convenience the defined terms “Seller” and “Buyer” are used here, consider changing the defined terms to the names of the parties (or a shortened form of their names) so as to avoid any potential confusion regarding the parties’ intention that this agreement does not create a binding contract for the sale of the business. WHEREAS, in consideration of the receipt of the Fee (as hereinafter defined), Seller has agreed to grant to Buyer exclusive

story goes F something like this; two sisters are fighting over an orange. 8 The mother in a solemnest act, F splits the orange down the middle awarding each daughter one half of the orange. 9 In first light, F this seems like an equitable remedy. 10 This is distributive bargaining. 11 However, if the mother F F Valerie A. Sanchez, Back To The Future of ADR: Negotiating Justice and Human Needs, 18 OHSJDR 669, 693-94 (2003). 7 Fisher, et al., supra note 3, at 56-57. 8 Id. 9 Id. 10

of the project. In order to fulfill the needs and specifications of the project, the workers had to increase more of their attention, concentration, and determination. I perceive a project as a tedious and cheap avenue that can be accomplished if equitable plans have been set before its initialization. After completing the project, I developed innate skills and knowledge as regards management of challenges that