Equitable remedy

The legal issues that have arisen in this scenario are those concerned with private nuisance. The tort of private nuisance has been developed to protect the interests of land owners who have the right to the use and enjoyment of their property without interference. It is effectively the land that is protected and only those who own or have an interest in the land may bring a claim in private nuisance. The nuisance that Kate is suffering stems from the noise generated by a nearby airfield. Statute and case law will be employed to determine whether Kate has a case and what remedies if any are available to her. When cases of private nuisance arise it is not always possible to ascertain what the outcome will be. This is because the courts will usually be required to resolve competing interests between neighbouring properties both with owners or other interested parties who will also have the right to the use and enjoyment of their land. A private nuisance may be defined as an unreasonable interference with the use and enjoyment of land or with some right over, or connection with it. Steele, J (2014) p 595. For example, contaminating another persons land with little or toxic fumes would be considered to be a private nuisance. Kate bought the property two years ago and moved…

parties contracted as liquidated, but which the court nonetheless found to be penal.Damages are likely to be limited to those reasonably foreseeable by the defendant. If adefendant could not reasonably have foreseen that someone might be hurt by their actions,there may be no liability. This is known as remoteness.This rule does not usually apply to intentional torts (e.g. deceit), and also has stuntedapplicability to the quantum in negligence where the maxim Intended consequences are never too…

the energy in the plant flower remedy that creates this balancing effect, which is often referred to as ‘vibration healing’. Dr Bach formulated Bach remedies from 1920-1930’s in England after continuous dissatisfaction within the medical field. He devoted the rest of his life to this new system of medicine that was found in nature (Bach centre, 2016). Bach flowers gently restore the balance between the mind and body, casting out negative emotions such as fear, worry, hatred and indecision…

and procedures of common law courts. Therefore, equity created new remedies. If the Chancellor was convinced that a person had suffered a wrong, the court would grant a remedy. To be precise, they would devise some way to ensure that something was done to put right the wrong that had been done to the person (Genn 2014, p. 22). In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could obtain was the remedy of…

promise for an act contract. The offerors offer can be accepted only after a performance by the offeree. For example, if a landscaper is contracted to install a sprinkler system for your backyard, the buyer can make a unilateral contract to pay after the job is done. A quasi contract is a just doctrine where a court may award financial damages to a plaintiff for providing work or services to a defendant even though no actual contract existed. 4. Equitable remedies are a separate group of…

The history of Equity in New Zealand, its relationship with common law, and the ‘fusion’ debate The equitable jurisdiction was defined in 1932 as “that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as courts of Equity”. The New Zealand legal system is based on English common law and therefore the principles of Equity as they stand today are rooted in…

Furthermore, the common law and equity has an important connection with the ACL as it historically sets standards required in contractual dealings in trade or commerce as numerous provisions of the statute originate from previous common law or equitable decisions. Cogent examples of this approach are the provisions involving statutory unconscionable conduct and remedies and compensations. Historically, common law and equity governed the standards of conduct required in transaction in Australia,…

Contract Creation and Enforcement Contracts are the critical elements of the everyday business operations, as they clearly define the positions of each party. Nonetheless, some legal issues have a tendency to exist due to the complicated structure and the vitality of the particular elements for the contract creation. The primary purpose of this paper is to discover the nature of the contract formation and enforcement by analysis the essential elements for the contract establishment, Statute of…

Only monetary claims may be the subject of a Rule 167 offer. Lauren is seeking the court to impose a constructive trust (an equitable remedy) on 10% of future inspection sales generated by Hartford and State Farm. While this is an equitable remedy, the imposition of the constructive trust will result in monetary damages. The issue is whether this would classify as a monetary claim for rule 167 purposes? Under rule 167.2, “an offer must not include non-monetary claims and other claims to which…

enforcing its valid statutes, and alternatively that Four Aces’ fails to satisfy the elements so as to invoke the doctrine of estoppel. We hold that the doctrine of equitable estoppel cannot apply to compel the State to act in violation of law. “[E]quitable estoppel [is] the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might perhaps have otherwise existed, either of property, of contract, or of remedy, as…