Judicial remedies

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 remote applies ± 'never ' is inaccurate here but resorts to unforeseeable direct and naturalconsequences of an act DAMAGES FOR BREACH A contract is not a property. It is only a promise supported by some consideration uponwhich either the remedy of specific performance or that of damage is available. 1 The partywho is injured by the breach of a contract may bring an action for the damages. ³Damages´means compensation in terms of money for the loss suffered by the injured party. Burden lieson the injured party to prove his loss. 2 Every action for damages raises two problems. Thefirst is the problem for ³ remoteness of damage ´ and the second that of ³ measure of damages ´. Remoteness of Damage Every Breach of contract upsets many a settled expectations of the injured party. He may feelthe consequences for a long time and in variety of ways. A person contracts to supply to ashopkeeper pure mustard oil, but he sends impure stuff, which is a breach. The oil is seized by an…

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.…

Marbury vs. Madison was one of the most defining cases for the Supreme Court because it introduced judicial review. There was a race for presidency, and as John Adams term was ending he passed the Judicial Act of 1801. This law let Adams appoint other federalists as an attempt of control over the federal judiciary system. Although it was signed and stamped, it was never delivered once President Thomas Jefferson took control of the office. Commissions were never sent out as commanded by Thomas…

has no influence over either the sword or the purse”. He also argues that the judiciary merely has the power of judgment, rather than force or will, and that the judiciary depends on the other two branches to support its judgments. However, when the Supreme Court makes a decision, this decision stands since it is deemed “the supreme law of the land”. In Marbury v. Madison, Marshall argued that it is a responsibility of the Supreme Court to overturn unconstitutional legislation in accordance to…

Act of 1801 and setting up a precedent to be used countless more times called judicial review. Marshall was able to come to this conclusion after using the so called Supremacy Clause, which states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof [...] shall be the supreme law of the land.” With this small phrase, Marshall…

their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is, when something is signed into law or actions are taken, the Supreme Court of the United States decides if it…

The supreme court is one of the main pillars of government, whose original job was to rule over cases from original jurisdiction to appellate. However the court took on a very important power early on in it’s life, this power was the power to declare laws unconstitutional or judicial review. This power allows the court to govern to a limited extent their word essentially becoming law. This may be seen as some as a bad thing, however in all reality it may be a necessity. The supreme court acts…

The True Extent of the Supreme Court’s Constitutional Influence Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of…

allowed congress to veto the attorney generals’ recommendation. The house of representatives exercised its veto and passed a resolution that Chadha should be deported. The resolution was not submitted to the senate or president and Chadha went against the veto. The immigration court along with the board of immigration appeal decided that the house of representatives lacked authority to decide Chadha’s constitutional challenge. That is when Chadha went up to the court of appeals and they decided…

constitutional interpretation, this has now become the use of the US Supreme Court. One main example of the use of a judicial review is found in the Brown vs Topeka Board of Education case of 1954, where Supreme Court justice Earl Warren declared the segregation of schools caused inequality and therefore unconstitutional. This highlights not only the power of the US Supreme Court but also that in the USA the constitution is sovereign. In contrast, the judiciary in the United Kingdom have no…