Equitable remedy

Introduction There are two issues on which Stephanie requires advice - whether the barge is a chattel or a fixture and whether there is a valid contract in place between herself and Wangle. If the barge has become a fixture of the land and the contract meets all the necessary formalities, then Stephanie may have a legal right to the barge and may have a cause of action against Wangle if he refuses to go through with the transaction. Distinguishing between Chattels and Fixtures The Law of…

This equitable remedy requests the breaching party to conform to the terms of the agreement. This implies that the breaching party will be obliged to do whatever the party initially guaranteed to do. The court will consider this alternative when cash harms won't give the guiltless party sufficient remuneration for the breach. Specific performance is most regular in deals contracts. This remedy is in some cases utilized when a deals contract includes something exceptional. An alternate equitable…

James Madison argues in his article of The Federalist No.10, Our government was created to accomplished governing the aggression and corruption cause by factions. Madison characterizes factions as groups of individuals who assemble to secure and advance their exceptional financial interests and political suppositions. Despite the fact that these groups are inconsistent with one another, they conflict with citizens in general interest, and in general other citizens interests as a community.…

damages the plaintiff, Hadley suffered due to the extra five day shut down. The first step that a court takes in choosing a remedy is to decide what interest it is trying to protect. An interest is a legal right to something, there are four interests; expectation, reliance, restitution, and equitable interest. In this case an expectation interest view is used to decide on a remedy. This refers to what the injured party reasonably thought they would get out of the contract. The goal of the…

They just pulled her from the system on their own accord, without asking the district for a list of schools. It was argued that this violated the Burlington Act. In the Burlington decision, the court acknowledged that a remedies for a school district 's that fail to provide the necessary education requirements of the IDEA would be required to reimburse parents the cost of placing their child into a private school that provided the proper education according to the act.…

CASE NOTE: Lavin v Toppi The High Court of Australia (HCA) in Lavin v Toppi unanimously affirmed that a creditor’s covenant not to sue one co-guarantor does not extinguish another co-guarantor’s right to claim equitable contribution. I MATERIAL FACTS Ms Lavin and Ms Toppi were directors and equal shareholders of Luxe Studios Pty Ltd (Luxe). In 2005, Luxe purchased a property for the purpose of operating a photographic studio. The purchase was funded by a loan from the National Australia Bank…

administered. There are several treatments besides cortisone, such as massage, chiropractic, physical therapy, and natural remedies. One can measure quality by how safe it is for patients, whether it is effective, how efficient care and services are, and how timely treatment is administered. One also looks at how quality service revolve around the patient, and lastly, equitable treatment available to all. This paper will also form a plan by focusing on the process, analyzing data collected,…

INTRODUCTION Before I start to write this paper, I want to ask one question. Can an individual shareholder complaint before a court, if some wrong has been done to the company? When this question is raised we have to know that the courts are mostly reluctant to interfere in the internal matters of the company. “It is not business of the court to manage the affairs of the company. That is for the shareholders and the directors” . From this statement we can understand that the control and power of…

As requested for consideration in mediating my breach of contract lawsuit against Family Grape Producers, the following outlines the facts: • Case Facts • Material Terms of Contract at Issue • Legal Concerns • Requested Remedies • Conditions for Achievement of Settlement Case Facts The relationship between myself and Nemeth Family Produce (NFP) began with a discussion at a religious service between Lora Lee Nemeth of NFP and myself. At the time of our first meeting, Lora Lee Nemeth led a…

him being a legally qualified voter. 3) The candidate to whom the plaintiff intended to vote for was elected. Judgment: Lord Holt CJ said that “If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it” and he said that “every violation of a right imports damage in contemplation of law” hence, the court held Mr. White liable. Analysis: In this case it was seen that the defendant was held…