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Also in 1938, the enactment of the Federal Rules of Civil Procedure merged procedures for law and equity and replaced the common-law forms of action with a single civil action. This has, to some extent, blurred differences between legal and equitable restitution, and obscured awareness of legal restitution's origin in the action of assumpsit. [35]
An abstract is a brief summary of a judicial judgment, usually written by a barrister or academic for publication in law reports. Abstracts are of particular use in legal research because they condense the essential points of long, complex judgments into a few paragraphs. A researcher can use abstracts to investigate how relevant a particular ...
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
Inadequacy of Common Law Damages: Common law damages must be an inadequate remedy for the breach. Party is Ready, Willing, and Able to Perform: The party seeking specific performance must demonstrate their willingness and ability to fulfill their own obligations under the contract. When a Court Will Not Order Specific Performance:
A property abstract is a summary of the legal documents that chronicle transactions associated with a particular parcel of land.Generally included are references to deeds, mortgages, wills, probate records, court litigations, and tax sales—basically, any legal document that affects the property.
The court ruled against the merchants. However, Otis's arguments were published in the colonies, and stirred widespread support for colonial rights. As a young lawyer John Adams observed the case in the packed courtroom. Moved by Otis's performance and legal arguments, he later declared that "Then and there the child Independence was born".
The Real Estate Settlement Procedures Act (RESPA) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. §§ 2601–2617.
A Warrant of Restitution is a court order [1] which empowers a property owner to use court bailiffs to enforce a possession order which was gained previously. [2]A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [3]