Search results
Results from the WOW.Com Content Network
equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them ...
Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from employing methods of statutory construction in order to arrive at an interpretation of the codal provisions that would be binding ...
The Philippine House Committee on Ethics and Privileges, or House Ethics and Privileges Committee is a standing committee of the Philippine House of Representatives. Jurisdiction [ edit ]
In common law countries there are a variety of remedies that can be imposed when the court is satisfied that an equitable tracing claim has been made. The principal remedies are: an election to take the property (or a resulting trust) an equitable charge over the property; an account of profits, secured by an equitable lien; a constructive trust
When asserted in litigation, it is an equitable defense, that is, a defense to a claim for an equitable remedy. [9] The essential element of laches is an unreasonable delay by the plaintiff in bringing the claim; because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not ...
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
The Human Security Act of 2007, officially designated as Republic Act No. 9372, was a Philippine law that took effect on July 20, 2007. [1] The law, which was watered-down after opposition from some politicians and rights groups feared the legislation would endanger human rights, was aimed at tackling militants, particularly the Abu Sayyaf, in the southern Philippines.
Rescission is an equitable remedy and is discretionary. [4] It is used as a synonym for termination at law. A court may decline to rescind a contract if one party has affirmed the contract by his action, [ 5 ] or a third party has acquired some rights or there has been substantial performance in implementing the contract.