Equitable remedy

the most frequently cited authorities on the effect of the Judicature Acts so far as the fusion of law and equity is concerned. Essentially the question down on whether the defendant could bring a legal remedy (distress) with respect to a lease which formerly would have been regarded as equitable only (effectively an agreement to grant a lease rather than one in proper legal form). Facts:The Defendant on the 29th of May 1879, agreed to grant and the Plaintiff to accept a lease of a mill for seven

• When a breach of contract happens, the parties who involved should find out the remedies and consequences of breaching an enforceable contract. There are main three remedies which are suit for specific performance, liquidated damages and injunction. The first remedy is suit for specific performance which means compelling the parties to perform exactly what they had agreed in the agreement. While the second remedy is liquidated damages which means call for a specific penalty if the contract terms

sub-contract(s) may be performed precisely. III. Substantial performance: A contract, which is substantially performed, may be deemed to be discharged by performance such that the contract price is payable subject to a part of it being retained to remedy any defects in performance. IV. Acceptance of Partial performance: If a promisee voluntarily accepts the partial performance of a promisor, then the promisor, then the promisor can claim payment on a quantum meruit basis. Breaching It occurs when

a previous case, Sher v. Sandler, 325 Mass. 348, 353, 90 N.E.2d 536 (1950), the remedy decided on by the court was to rescind the transactions the fiduciary made when the breach of duty to the beneficiary was found. This same case provided a precedent for the use of the defendant’s remaining assets, untraceable to the fraudulent transactions, as remedy to the injured plaintiffs. The plaintiffs’ request for equitable relief was therefore found to be appropriate and reasonable, and was approved by

the yard, she shouts "Donkeys!" to her helpful servant Janet, who comes to her assistance and they run both donkeys and neighbors off. Aunt Betsey is considering going to district court to stop the trespassers, can you help Aunt Betsey? What equitable legal remedy should she pursue? Question 6 options: Rescission Laches Specific Performance Injunction Save Question 7 (5 points)   Tina and Rich were having a massive neighborhood feud.  Rich set his rottweiler loose and it promptly ran across Tina's

contract. The essay will then address express and implied terms within consumer contracts. Finally the contracts entered into by the client within the case study will be examined. Evaluating any breaches made towards the contracts and identifying any remedies available to the client for the breaches identified. Essential criteria must be present in order for a consumer contract to be legally binding by law, a process of offer, acceptance, consideration, and intention to create legal relations must be

Aim The aim of this research is to present three important statutes related to Property professionals and demonstrate how common law helps to interpret the rules and systems set out in Acts of Parliament. Introduction In United Kingdom’s legal system, Statute Law is a law which is written down and codified into law. Statute begins as a bill which is either a proposal for a new law or a proposal to amend an existing law. Statutes are also known as Acts of Parliament (Elliot 2014). Before becoming

The second remedy is specific performance in which the court compels a party to fulfill a previous agreement, as in the case of [Wrath v Tyler]. Rectification which is the amendment of documents which previously did not express its true intention such as in the case of [Re Posner] in which the testator was allowed to rectify his will to reflect his true intentions, is another form of remedy. The fourth remedy is rescission where a contract is nullified, thus

Gillett v. Holt The doctrine of proprietary estoppel is an equitable intervention in cases where the enforcement of legal rights is considered by the courts to be unconscionably unfair. The essence of the doctrine arises, as defined by Snell: '[when] one (A) is encouraged to act to his detriment by the representations or encouragement of another (O) so that it would be unconscionable for O to insist on his strict legal rights.' (McGhee, 2000, p.637) In the

types of estoppel: promissory (or equitable) and legal. Promissory estoppel means where the representator induces the relying party to believe that whatever rights within their contracts are not be enforced. Promissory estoppel is the principle of Justice and equity. Estoppel occurs when a party reasonably relies on the promise of another party, or to prevent someone from arguing something in contrary to claim act performed by other person. An estoppel is not a remedy "at law" in common law jurisdictions