Sentences with phrase «equitable remedy»

"Equitable remedy" refers to a solution or relief provided by a court that is fair and just. It is typically used when legal remedies, such as monetary compensation, are insufficient to address a situation. Equitable remedies aim to ensure fairness and can include actions like injunctions, specific performance, or restraining orders. Full definition
Would it be better for courts not to invent contracts in such circumstances and find some kind of unjust enrichment or other equitable remedy for the behaviour to be sanctioned?
We have knowledge and experience in the management of business disputes including the urgent equitable remedies available through the courts.
These are extraordinary equitable remedies often available when damages alone will not address the loss or threatened loss.
If you instead took a course on equitable remedies, you could apply it to any niche you practice in.
Note that there may be equitable remedies such as the presumption of resulting trust, but all the warnings about unjust enrichment apply here as well.
However, common - law couples can gain an interest in their partner's property through equitable remedies.
It is a reminder of the limitations that arise when attempting to use equitable remedies to recover losses.
He also has experience advising on the trust law elements of commercial disputes, particularly on constructive and resulting trusts, following and tracing, and other equitable remedies.
The required action may include urgent equitable remedies to freeze assets and obtain disclosure of documents and information concerning the debtor's assets.
24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
The next frontier of equitable remedies for tax remediation is rescission.
Consequently, the case can be distinguished from one in which validity is challenged by a party to the agreement, where equitable remedies (eg proprietary estoppel) might be called upon to rescue a formally defective agreement.
«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.
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.
Canada makes more equitable remedies available to patent litigants than many other jurisdictions.
Ordering an employer to take back a worker is a form of the extraordinary equitable remedy called «specific performance» of the employment contract.
The case is a very important one for counsel to read as it goes a long way toward clarifying years of confusion in the law as to the interplay between equitable remedies and the equalization scheme in the Family Law Act.
[4] See Sampsell v. Imperial Paper & Color Corp., 313 U.S. 215 (1941)(allowing the substantial consolidation equitable remedy).
Despite this, the redistribution of money and property at the end of a cohabiting relationship can only be regulated — in the absence of an express agreement — by the imposition of complex equitable remedies.
If you are having a problem with a pending real estate transaction in Florida, then as a seller there are both legal and equitable remedies available to you to deal with the issues preventing the deal from closing.
equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and
Although rectification will now apply in a more limited range of cases there are still some circumstances where other equitable remedies are available to fix tax mistakes.
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.
While the party that engaged the independent contractor may be able to rely on equitable remedies, ideally a fresh assignment for the copyright in all works would be obtained after those works have been created.
Often claims by victims of fraud require experienced counsel to assist the victim in seeking from the court urgent equitable remedies such as civil freezing orders (Mareva injunctions), civil search and preservation of evidence from third parties (Norwich orders) and civil «search warrants» (Anton Piller orders).
An Anton Piller order is an extraordinary equitable remedy that permits the representatives of a plaintiff to request entrance into a defendant's premises to search for and seize relevant documents and other materials that the defendant is likely to destroy.
With privacy the problems are of the opposite kind: the claimant needs exactly the right mix of legal rights, equitable remedies and continental jurisprudence to get the case off the ground.
The take - away message is this: if you move in with your partner and do not have children, you could be liable / entitled to support after three years, but you are never automatically entitled to property sharing, although in certain circumstances you may be able to claim unjust enrichment or other equitable remedies.
Since relief from forfeiture is an equitable remedy, the Court must consider the proceedings and the conduct of the parties under the circumstances, and any such terms as to payment of rent, costs, expenses, damages, compensation, penalty or the granting of an injunction to restrain any similar breach in the future.
The Ontario Court of Appeal restored the arbitrator's initial award, noting that the lower court judge failed to consider all of the facts in evaluating the appropriate equitable remedy, which is always a matter of discretion.
In the even that you have missed the two limitation period, you still have an opportunity to pursue so called «equitable remedies» such as «unjust enrichment» and «constructive trusts».
[4] However, equitable remedies can take different forms, such as rescission of documents.
For a number of years, tax practitioners have looked to equitable remedies, including the doctrine of rectification, to fix errors in planning and implementing commercial transactions that have led to unintended tax liabilities.
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).
These developments suggest a greater willingness on the part of the Federal Court to compensate successful parties in line with the actual financial stakes of patent litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award substantial equitable monetary remedies to the successful party.
Justice Manderscheid noted the seminal case of BCE Inc. v 1976 Debentureholders in which the Supreme Court of Canada said, «oppression is an equitable remedy.
Rather what is sought is an equitable remedy or, in other words, the achievement of a fair and just outcome whereby a Court Order is sought to compel that someone do something or that something occur or not occur.
Nothing in the act hints at the existence of the presumption of advancement, never mind the presumptions of gift and resulting trust, or the doctrine of unjust enrichment and its equitable remedies.
It should never be forgotten that these stays are equitable remedies, and I fail to see how the equities lie with any of these killers.
We have acted in leading cases involving, summary judgment, urgent injunctions and other equitable remedies.
The courts in Ontario grant urgent equitable remedies and injunctions in appropriate circumstances, including the so - called Anton Piller order which permits search and seizure at the counterfeiter's premises, done without prior notice and under the supervision of an independent lawyer.
In common law jurisdictions there may be equitable remedies, I am thinking of the doctrine of unjust enrichment among others.
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