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Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. [citation needed] As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on their appropriateness in the circumstances.
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 plaintiff later learnt from a third person that the defendant had changed his mind, but nevertheless tried to accept the offer. The defendant refused to go through the transaction, as he had already sold the property to someone else. The plaintiff brought an action against the defendant for breach of contract.
The eggshell skull rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) [1] is a well-established legal doctrine in common law, used in some tort law systems, [2] with a similar doctrine applicable to criminal law.
Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
Perfect is the enemy of good is an aphorism that means insistence on perfection often prevents implementation of good improvements. Achieving absolute perfection may be impossible; one should not let the struggle for perfection stand in the way of appreciating or executing on something that is imperfect but still of value.
A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation , usually identifying the party that brings a lawsuit as the plaintiff , or, in older American cases, the party of the first part ; and the party against whom the case was brought ...
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy . If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages ).