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Undertaking in damages. An applicant will usually be required to give certain undertakings to the court, including an undertaking in damages. A solicitor must ensure that the client fully appreciates the cost implications and consequences of the undertaking in damages before seeking an injunction. [2]
Civil contempt: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
Breach of these terms repudiate the contract, allowing the other party to discharge the contract. A warranty is not so imperative so the contract will subsist after a breach. Breach of either will give rise to damages. It is an objective matter of fact whether a term goes to the root of a contract.
Assumpsit ("he has undertaken", from Latin, assumere), [1] or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment.
Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [15] [page needed] [16] The court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient ...
In a 1983 case, Attorney-General of Hong Kong v Ng Yuen Shiu, the Privy Council held it was a breach of a procedural legitimate expectation for the Director of Immigration not to fulfil an undertaking to give an illegal immigrant a chance to make representations before deciding to deport him.
The Family Law Act 1996 (c. 27) is an act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Causes Act 1973. The main part of the act, dealing with divorce, was not proceeded with after ...
Detinue was an old form of action which slowly branched off from the action of debt. [ 15 ] [ 3 ] : 405 The action lay for the unlawful detention of ascertained chattels at the instance of a person who was entitled to have possession.
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