Sentences with phrase «equitable remedies for»

However, because T - Rack was not subject to equitable remedies for violation of state law, it is possible he was not liable for some portion of fees, with a remand necessary to decide how this should pan out.

The next frontier of equitable remedies for tax remediation is rescission.

right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

As to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no claim for breach of contract had (yet) arisen and the Court of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contract.

Not exact matches

«Because there is no proven harm, there is no basis in law for any remedy, equitable or otherwise,» the attorneys wrote.

«The matter was not instituted as a criminal suit, a court can not go on a voyage of discovery to fish for facts to grant equitable remedy when the respondent averred that he had defendants and was ready to return the money if found liable at trial after his tenure.

In no event does Tubi assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Tubi with respect to such User Material.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

E.g. Bloggs v. Snooks is quite evidently a civil matter involving mostly likely a private law dispute between two parties where there needs to be a judgment and a legal remedy; Re Bloggs Estate on the other hand is an equitable cause of action where this is no lis between the parties, and is mostly likely calling on the court for the interpretation of the terms of a will.

Common law is still going strong in New Jersey: I can sue for the tort of negligence, trespass and deceit, I can seek equitable remedies like an injunction and estoppel and I can also sue for breach of contract.

(3) Despite subsection (1), a chargor and chargee are entitled to all the legal and equitable rights and remedies that would be available to them if the chargor had transferred the land to the chargee by way of mortgage, subject to a proviso for redemption.

The mother - in - law brought court action for the $ 150,000 that she had invested in the property and sought a declaration of entitlement to a proportionate equitable interest therein, and sale, or a similar remedy for unjust enrichment.

Negotiated the settlement of complex litigation among shareholders of two closely - held international plastics, companies involving various business torts, contract claims and equitable remedies; coordinated the transfer of stock, the implementation of a security agreement and indemnification for international financing obligations

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

... The crucial point is that the necessity for a Norwich order must be established on the facts of the given case to justify the invocation of what is intended to be an exceptional, though flexible, equitable remedy.

However, even if the limitation period does not apply because the claim is for an exclusively equitable remedy, the court will nonetheless apply it by analogy if the remedy in equity is «correspondent to the remedy at law».

Section 31 makes it mandatory for an arbitral tribunal to decide a dispute in accordance with law, with which is expressly stated to include specific performance, injunctions and other equitable remedies.

Experience, or demonstrable interest and training in the following litigation practices: IT, IP (especially copyright and trademark); internet and technology; business and commercial disputes; and real estate, commercial leasing and construction practice areas, including acting for those seeking or responding to injunctions, and other urgent equitable remedies, would be assets; as would experience and interest in insurance litigation.

When someone is being treated unfairly or the reputation and viability of a business is being threatened by the conduct of others, knowledge of and experience in obtaining urgent equitable remedies is necessary for the fair and prompt resolution of business disputes.

The possible sanctions include: compensatory time with the children; economic sanctions for costs incurred by the non-violator parent due to the other parent's custody or parenting time violation; modification of the existing transportation (pick up / drop off arrangements)-- including changing the exchange location to a public place; ordering counseling for either or both of the parties and / or the children at the expense of the violator; ordering a temporary or permanent modification of the parenting time and custodial arrangement if under the circumstances this relief is in the best interests of the children; ordering the violator to participate in a community service program; incarceration of the violator with or without work - release; issuance of a warrant to be executed if the violator persists in failing to comply with court orders; any other appropriate equitable remedy.

It found that the owners of the units ignored notices and opportunities to comply and could not ask the court for «equitable remedy» (coming to court without clean hands).