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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 ...
It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common ...
It is an equitable remedy by which the court can enable an aggrieved party to obtain restitution. It is comparable to the legal remedy of money had and received which, as Lord Mansfield said, is “very beneficial and therefore, much encouraged” [Moses v Macferlan (1760) 2 Burr 1005, 1012]. Thus we have repeatedly held that, when one person ...
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.
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.
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.
Customers who purchased Deep River brand potato chips labeled “Non-GMO Ingredients” may be eligible for a cash payment from a class action settlement. Old Lyme Gourmet Co., the company behind ...
Remedy: The misled party may rescind but has no entitlement to damages under s.2(1). However, the court may "declare the contract subsisting" and award damages in lieu of rescission. [ 70 ] ( By contrast, the victim of a breach of warranty in contract may claim damages for loss, but may not repudiate.) [ 71 ]