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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime.
The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual damages later if the contract is breached. Thus, they are most appropriate when (a) the parties can agree in advance on reasonable compensation for breach, but (b) the court would have a difficult time determining fair ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The order directs the Texas Department of Public Safety to target and arrest anyone implementing CCP influence operations like “Operation Fox Hunt,” an initiative of the PRC to forcibly return ...
Ontario (not available without court order, [34] except with respect to distraint for commercial property [35] rent, where a commercial tenant is to be given five days for tender of rent and expenses after distress); [36] Jamaica (Law 17 of 1900, certification of landlords bailiffs); and; Queensland. [37]
U.S. consumers who were “tricked” into purchases they didn't want from Fortnite maker Epic Games are now starting to receive refund checks, the Federal Trade Commission said this week. Back in ...
The bettors were charged "exorbitant fees" for the information, according to court documents, and told that it allowed them to gamble on college and professional sports with little to no risk ...