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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 ...
The remedies available in a judicial review action are the prerogative orders – the mandatory order (formerly known as mandamus), prohibiting order (prohibition), quashing order , and order for review of detention (habeas corpus) – and the declaration, a form of equitable remedy. All these remedies that the High Court may grant are ...
She further wrote "To avoid transforming an equitable remedy into a punitive sanction, courts restricted the remedy to an individual wrongdoer's net profits to be awarded for victims." [9] Justice Thomas, in his dissent, stated that under , disgorgement is not "equitable relief" and so he disagreed with the conclusion of the majority. [6]
Distinguishing between substantive and procedural fairness is a meaningless exercise, as it merely clouds the process of judicial inquiry. Judicial review is judicial review under whatever name, and as far as Article 9(1) is concerned, there is no room for making this distinction. [54] However, in Yong Vui Kong v.
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.
The concept of law in provisions of the Constitution of the Republic of Singapore such as Article 9(1) and Article 12(1) includes what are called "fundamental rules of natural justice". According to the Court of Appeal, the content of fundamental rules of natural justice is the same as the common law rules of natural justice, but there is a ...
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.