It is a reminder of the limitations that arise when attempting to
use equitable remedies to recover losses.
Not exact matches
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equitable rights or
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use of the Hollywood Site.
You agree that, if the terms of these Terms of
Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate
equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available
remedies under contract, at law or in equity.
Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue
equitable remedies such as the Mareva injunction and
equitable liens to seize assets in federal litigation; the Alien Torts Act which has been
used by international human rights organizations had its breadth restricted by
use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.
I am not sure that a stay is an
equitable remedy, but instead it is the
use of the court's
equitable power to aid its jurisdiction.
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 today.