Sentences with phrase «more equitable remedies»

Not exact matches

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.

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.

«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.»

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.

More importantly, the approach in Darby has the potential to become a more practical and equitable remedy than the three general approaches currently being used by Canadian courts toMore importantly, the approach in Darby has the potential to become a more practical and equitable remedy than the three general approaches currently being used by Canadian courts tomore practical and equitable remedy than the three general approaches currently being used by Canadian courts today.