Equitable remedy

Society can be complex, since it has diversities of people and personalities. This complexity may cause disorder and chaos between each other. The US law use English Common Law and Roman Civil Law as influences in cases to make order and is divided into two; criminal and civil law. Criminal Law tend to be stricter than the civil law. Criminal law is a claim made by the government (on behalf of society) against the person (natural or judicial) for a wrongful action. Therefore, the purpose of…

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 businesses. After our initial discussions, Mr. Cole provided sample…

Facts As the case presents, the facts are noted as follow: Richard is a University student, financially struggled and lives with in his family house. He makes an arrangement with his father that he will mow the front and back yard of the property every week as well as cleaning the garden exchange for $200 per week as his allowance paid by his father. The property is about 1 hectare and it takes at least half a day to mow the lawn. His father used pay $ 350 weekly for having a garden contractor…

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 possible to award a common law remedy in a case which involve equitable…

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…

Rosa can sue Annette for torts, due to her failure to keep her friend company safe. Annette can be charged with Wrongful Interference with a Business Relationship. She had created a promise with Rosa, to be her book keeper, but she betrayed her position, to create her own business. She no only went against her friend's trust, but she ruined her friend's coffee shop reputation. Annette can by criminally prosecuted in criminal Court. The charges she may face are Obtaining Goods by False…

Research Essay Introduction Australian jurisdictions have been cautious on expanding the equitable principles of fiduciary obligations to the doctor-patient relationship. In this light, it can be agreed that equity’s principles have been refrained from expansion and development in Australia. Justice Michael Kirby’s metaphor of equity being a ‘time capsule ’ however does not reflect the treatment of equitable principles in fiduciary law, as equity’s principles in this context have not been…

Consequently, Lord Diplock utilised the test of ‘unconscionability’ or ‘unconscionable conduct ‘. In accordance with this criterion, an anti-suit injunction could be granted not only when there was a legal or equitable right not to be sued abroad, but also where there was a substantive equitable defence which justifies the retraining of foreign proceedings. Lord Diplock’s reliance on the obsolete notion of substantive equity was not supported in subsequent cases. However, the concept of…

A public nuisance meddles with the general population as a class, not just one individual or a gathering of residents. No common cure exists for a private native hurt by an open annoyance, regardless of the fact that his or her mischief was more prominent than the damage endured by others; a criminal charge is the elite cure. Case Example: Tate & Lyle v Greater London Council [1983] 2 AC 509 Tate & Lyle operated a sugar refinery on the bank of the river Thames. They had a jetty from which raw…

groups of people. The utilitarian viewpoint is skewed toward the status quo. Hart’s viewpoint leaves little room from for justice, which should be at the heart of judicial enforcement. The critical theorist’s viewpoint, while valid, offers few legal remedies for practical application. Good laws incorporate the sociological knowledge of the feminist movement, and it weighs the needs of communities-at-large while utilizing the principles of individual justice. Like Dworkin, I find that the…