«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.
The court found that neither party had a legal duty to disclose the ghosts, but
granted the equitable remedy of rescission holding that the seller, who promoted stories about the ghosts in local and national publications, could...
Not exact matches
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.
I thought that the Court should have been asking itself this question: is it appropriate to
grant these plaintiffs (joint operators with respect to shared risk operations) an
equitable proprietary
remedy so as to prevail against both secured and unsecured lenders?