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"Every creditor coming in to prove under, and to take the benefit of, the English liquidation, must do so on terms of the English law of bankruptcy: he cannot be permitted to approbate and reprobate, to claim the benefit of that law, and at the same time insist on retaining as against it, any preferential right inconsistent with the equality of ...
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
Ex turpi causa non oritur actio (Latin "action does not arise from a dishonourable cause") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. [1]
The plaintiff can elect to either receive monetary damages equal to the entire value of the painting, or the plaintiff can ask the court to order the return of the stolen property (plus some minor amount of compensation for the suffering caused by its deprivation). However, the plaintiff cannot have both, and must therefore make an election of ...
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Tice, where the two defendants negligently shot in the direction of the plaintiff and two pellets caused the plaintiff's injury, one in the right eye and one in the upper lip. In the interest of justice, the innocent plaintiff's case is not defeated because he cannot prove which party was the actual cause (but-for cause) of his injury.
The reason why this is an enticing option: Bills advanced through the budget reconciliation process cannot be filibustered, meaning they can be approved by a simple majority in the Senate — not ...
The case reports the judgment as follows. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good. For it shall be intended that a horse, hawk, or ...