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Undertaking in damages. An applicant will usually be required to give certain undertakings to the court, including an undertaking in damages. A solicitor must ensure that the client fully appreciates the cost implications and consequences of the undertaking in damages before seeking an injunction. [2]
Lord Diplock, in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, [6] created the concept of an innominate term, breach of which may or not go to the root of the contract depending upon the nature of the breach. breach of these terms, as with all terms, will give rise to damages.
Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon an agreement to fulfill the wishes of the court. [6] Civil contempt can involve acts of omission.
At appeal, the Court of Exchequer Chamber held that where a party agrees to grant a good and valid lease, having full knowledge that he has no title, the plaintiff, in an action for the breach of such agreement, may recover, beyond his expenses, damages resulting from the loss of his bargain; and the defendant cannot, under a plea of payment of money into court, give evidence that the ...
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with "clean hands" and the request was reasonable, "quantum meruit". Changes in laws ...
The Family Law Act 1996 (c. 27) is an act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Causes Act 1973 .
Karsales (Harrow) Ltd v Wallis [1956] EWCA Civ 4 is an English Court of Appeal decision which established fundamental breach as a major English contract law doctrine. Denning LJ MR gave the leading judgment replacing the Rule of Strict Construction, which require a literal approach to the construction of contract terms.
Detinue was an old form of action which slowly branched off from the action of debt. [ 15 ] [ 3 ] : 405 The action lay for the unlawful detention of ascertained chattels at the instance of a person who was entitled to have possession.
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