What is the legal meaning and grounds of rectifications? Rectification is a discretionary equitable remedy whereby an instrument which does not accord with the intentions of the parties to it‚ due to fraud or mistake‚ may be corrected. -It is not the contract that is rectified but the instrument recording the contract. What is instrument? Instrument is when put writing as the means of giving formal expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract
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Question: Nur Aini‚ a highly stressed-rich widow‚ was enticed into joint a group as a Way of Life (PAWOL) by Alias‚the leader of the group. Alias promised Nur Aini that by transferring‚ all her wealth to him‚ he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words‚ Nur Aini transferred all her wealth to Alias and stayed together other followers. Two years after joining the group‚ Nur Aini realized that she had been tricked into parting
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there is potential for the English approach to be adopted in the Australian context. Such an adoption may be advisable in light of the judicial and extra-judicial commentary suggesting that the orthodox approach is in fact not properly aligned with equitable principles. The discussion of this possibility involves not only an assessment of the advantages and disadvantages of each approach‚ but also a determination as to the extent to which the separate application of each approach could result in a
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The expert said that even in a tough economy the card would likely bring $80‚000 at public auction. Mrs. Covington brings an equitable action to rescind the contract‚ get her card back and return the $1 to Michael. Case: Elizabeth Covington vs. Michael Ferrell (2010) Facts: Elizabeth Covington versus Michael Ferrell. Plaintiff: Elizabeth Covington brings an equitable action movement to court against Michael Ferrell to receive legal relief for Michael Ferrell having made false representations
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“The decision in the American Cyanamid case is a complete breakaway from the settled principles upon which an application for an interlocutory injunction is granted”. Critically examine this statement. An interlocutory injunction is an equitable remedy‚ which temporarily prohibits the defendant‚ from continuing a particular activity. The purpose of this injunction is to maintain the status quo or preserve the subject matter so that no permanent harm is done to the rights of the applicant before
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shows a prima facie right‚ and an arguable case as to its infringement. The remedy is flexible and discretionary Perpetual Injunction • Made after a substantive hearing on the merits • Contradistinction to an interlocutory injunction‚ which is a holding measure only Injunctions • Holding status quo or variation of it • May be without notice [ex parte] for short period Origin • Equitable – discretionary • Not granted if damages could adequately compensate
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
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Instructions 1. This assignment will constitute 20% of your total final mark. 2. Your Assignment‚ excluding footnotes‚ must not exceed 5‚000 words. One mark will be deducted for every word exceeding the maximum word count. 3. Your answer must be printed in 12 point Times New Roman or Roman font‚ with 1.5 spacing‚ on single-sided sheets with a one-inch margin all around. 4. Marks will be awarded for judicious use of headings and proper citation style. Conversely‚ marks will be deducted
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