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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.
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.
Court: European Court of Justice: Full case name: Judgment of the Court (Sixth Chamber) of 23 April 1991. Klaus Höfner and Fritz Elser v Macrotron GmbH. Reference for a preliminary ruling: Oberlandesgericht München - Germany. Decided: 23 April 1991: Citations (1991) Case C-41/90, [1991] ECR I-1979: Keywords; Undertaking, abuse, dominant position
Magistrates form the view that a person ("the principal"), who might be a person of previously unblemished reputation, is likely to breach the peace or commit criminal offences. They require him to enter into a recognisance, in form of a voluntary covenant or agreement, to keep the peace , or to be of good behaviour, sometimes in a set sum (say ...
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.
The court may "declare the contract subsisting" and award damages in lieu of rescission, but s.2(3) prevents the award of double damages. Fraudulent misrepresentation is defined in the 3-part test in Donohoe v Donohoe , where the defendant Donohoe was categorically declared completely fraudulent as he:
For example, in English law, restitution for breach of fiduciary duty is widely available but restitution for breach of contract is fairly exceptional. The wrong could be of any one of the following types: A statutory tort; A common law tort; An equitable wrong [24] A breach of contract; Criminal offences; Note that 1–5 are all causative ...
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 ...
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