WRITS IN INDIA mandamus The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. It also lies in cases where there is an alternative remedy but the mode of redress is less convenient‚ less beneficial or less effectual. Generally‚ it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty
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Written Contract- some must be written. Third Party Interests- affect other people or parties that are not included in the contract. (3) Performance and discharge- once parties fulfill their duties under the contract‚ those duties are discharged. (4) Remedies- a breach of contract may result in money being awarded to the injured party by the court. Bilateral Contract A contract in which both parties make a promise. Unilateral Contract One party makes a promise that the other party can only except
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HUNTER v MOSS- Dillon LJ I pass then to the second point of uncertainty. It is well established that for the creation of a trust there must be the three certainties referred to by Lord Langdale in Knight v. Knight (1840) 3 Beav. 148 . One of those is‚ of course‚ that there must be certainty of subject matter. All these shares were identical in one class: 5 per cent. was 50 shares and the defendant held personally more than 50 shares. It is well known that a trust of personalty can be created orally
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3/23/2013 2 QUESTIONS THAT PROPERTY LAW MUST ANSWER • What may property owners legitimately do with their property? What is the extent of the Government’s legal ability to constrain a private owner’s use of her property? What are the remedies for the violation of property rights? • • PELZMAN: PROPERTY LAW 3/23/2013 3 THE LEGAL CONCEPT OF PROPERTY • Property is a bundle of rights. • The law stipulates: • What people may and may not do with resources that they own;
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appear to be in the best interests of the company both subjectively and objectively. The statutory remedy for disadvantaged shareholders‚ s 459‚ may provide a remedy for H‚ but the courts have set their face against using the section to provide a remedy for shareholders who object to the board’s bona fide actions if they do not impinge upon the ‘legitimate expectations’ of the shareholder; see‚ for example‚ Re A Company (No 002567 of 1982) (1983)‚ the wine bar case mentioned above‚ and Re Saul
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work involving dangerous activities 5. The doctrine of __________ permits the court to attach personal liability directly to shareholders in certain instances. a. Piercing the corporate veil Week 4 1. Quasi-contract ________. a. Is a type of equitable remedy that may be imposed on parties to avoid unjust enrichment to one party at the expense of
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Independent ContraCtor’s agreement Independent contractor—subject to the terms and conditions of this agreement‚ the company (Road Runners Delivery Service) hereby engages the contractor as an independent contractor to perform the services set forth herein‚ and the contractor hereby accepts such engagement. Duties‚ terms and compensation—The contractor’s duties‚ are as follows: The contractor agrees to pick up from local restaurants all orders and to deliver them in a timely and efficiently manner
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done that which ouight to be done 4 Identify the equitable maxims involved in the following: Bill and Ben entered into a contract for Bill to purchase Ben’s land. Ben refuses to complete‚ is Bill entitled to specific performance? Beneficiary’s rights under a trust where the trustee holds as legal owner. Tenant entered into a contract for a lease but breached some covenants. Why could the tenant not obtain an order for specific performance? EQUITABLE MAXIMS MCTs 1 Sara sold her house to Andy on the
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Understanding business The business related laws in the United States intend to foster free‚ fair‚ balanced and effective business practices. Laws protecting consumers in the United States disallow unfair‚ deceptive and anti-competitive business practices. Despite significant legislative differences from one state to another‚ a major premise is that deceptive and unfair business practices are unethical and inappropriate (Cartewr‚ 2009). These laws constitute critical legal underpinnings for ethical
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The current pay practices instituted by CCUA are not externally equitable. Based on the information provided within the case study many employees both current and past were not satisfied with their pay or benefits. Therefore‚ externally equitable goes beyond pay. However‚ in the case with CCUA‚ pay serves as a means to attract and retain workers to the company. The best method to utilize would be to increase the pay for he unsatisfied employees. Thus‚ turnover does not sit well with CCUA as
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