Equitable remedy

    Page 1 of 8 - About 80 Essays
  • Private Nuisance Case Study

    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…

    Words: 1216 - Pages: 5
  • Advantages And Breach Of Contract

    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…

    Words: 1968 - Pages: 8
  • The Importance Of Equity In Common Law

    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…

    Words: 1481 - Pages: 6
  • Contract Law: Lesson 5 Short Answers

    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…

    Words: 703 - Pages: 3
  • Equity In New Zealand Case Study

    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…

    Words: 1208 - Pages: 5
  • Enforcement And Voidable Contract Analysis

    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…

    Words: 1165 - Pages: 5
  • Civil Law Vs Criminal Law Essay

    who allegedly committed the wrongful action and against whom the claim is made. An example will be a professor punching a student, the student will be the plaintiff because he is the victim and the professor will be the defendant because he made the wrongful action. Once the case is in court, the defendant might be found liable which is the plaintiff proves that the defendant committed the wrongful action and the other verdict is not liable which is the plaintiff does not proves that the…

    Words: 784 - Pages: 4
  • Mediation Memorandum: Case Study

    The purpose of this confidential mediation memorandum is to provide the relevant facts necessary to acquaint and familiarize you with the case particulars and circumstances. I picked you because of your background and reputation in resolving contract disputes through mediation. Although a lawsuit is filed, I prefer to remedy this problem in the quickest manner. Case Facts While attending church, Mr. Eric Cole, grape producer and seller, and I, buyer and retailer, began talks concerning our…

    Words: 1290 - Pages: 5
  • Common Law And Equity Case Study

    In this decided case the court give awards for exemplary damages, this case is about breach of fiduciary duty, Sir Robin Cook stated that the common law and equity is mixed and merged, he also believe that whatever the circumstances the remedies should be available whether it is provided by equity, common law or statute. The case mark a positive development for the growth of equity and common law to be more fair and efficient. The case clearly send a signal to common law world that it is…

    Words: 2083 - Pages: 9
  • Damages In Contract Law: Behnke V Bede Shipping Company

    An injunction is a discretionary remedy (equitable remedy), and the Court in granting it may limit it to what the Court considers reasonable in all the circumstances of the…

    Words: 2048 - Pages: 9
  • Previous
    Page 1 2 3 4 5 6 7 8

Related Topics:

Popular Topics: