distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual professional judgment to choose as wisely as possible between all the alternative remedial solutions TYPES OF REMEDIES (usually classified according
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Describe the remedies available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under
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Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of damages‚ they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant‚ or not grant‚ a given equitable remedy based on the circumstances of a particular case. As such‚ equitable remedies are different from legal remedies or remedies granted
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Ed Law 111 M-W 3:30-5:00 Assessment No. 3 Types of Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably
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Introduction The equitable maxims provide a set of general principles which can be said to have influenced the development of equity. This gives an overview of a selection of these maxims‚ examining them in varying amounts of detail and identifying many of the particular areas of the law which have been affected‚ and which are dealt with later in the book. These include‚ for example‚ the maxim ‘where the equities are equal the first in time prevails’‚ and its effect on priorities and conflicting
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The current system means that in certain cases the right to an equitable remedy is more valuable. An example of inconsistencies between case verdicts due to Equity and Common Law having different principles is that of having legal and equitable title to property. If a person has the legal beneficial title to a house and the deeds are stolen and sold to a third party they can only claim the value of the house back. Whilst with equitable title the person could use Equity to get the house back. Examples
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the use of this maxim are abound while allowing equitable remedies. A claimant must first of all prove that he has an equity to enforce against the defendant. Accordingly‚ the court will consider the past conduct of the claimant3 and decide whether the claimant has acted rightly and fairly4. If the claimant is worthy of a remedy‚ the court will grant an equitable relief; otherwise‚ the court will refuse even if the claimant had established equitable rights. However‚ this rule is not meant to punish
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Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to
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the proper form of action. In other words‚ if a person did not follow the proper procedure or done an error in the formalities‚ the person making the claim would lose the case even though that person obviously suffered a wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the intention rather than the fact they got the formalities wrong. This maxim was shown in the case of Berry v Berry (1929) where a deed was held
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itself. Thus‚ confidential information can be classified as information supplied during a relationship of confidence and it is inherent in that relationship that the information is to remain confidential. Hence‚ the duty of confidentiality is equitable‚ as it imposes a personal obligation on the person who knows the information not to disclose it. This has been unanimously approved in the High Court Case Farah Constructions Pty Ltd v Say-Dee Pty Ltd. President Kirby further developed this
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