INJUNCTION - Introduction An Injunction is an equitable remedy, it is an order given by court under which a person has to do or cease doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking specific action is required in order to prevent injustice. An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some
In the present case, equity intervened to prevent Ms Toppi from shouldering a disproportionate share of the debt, not by interfering with the action of the Bank, but rather by providing for the remedy of contribution from the time that the parties were called upon to satisfy the guarantee. Thus, equity can be said to follow the law in the sense that it does not seek to direct the manner of exercise of the rights of the creditor, but instead it
purposes only. Conclusion The doctrine of unconscionability and the related principle of inequality of bargaining power are evolving, yet, not completely settled areas of the law of contract. Although both doctrines share similar objectives which are equitable in nature to p... ... middle of paper ... ...ally induced the transaction through influence given by the party. In the case of Lloyd’s Bank v Bundy , Lord Denning suggested the principle of ‘inequality of bargaining power’ that contractual validity
Lack of Tangible benefit and understanding An important element of the special equity established in Yerkey v Jones is that there is no physical benefit to the wife from the transaction. In Garcia v National Australia Bank Ltd in applying the equitable principle, the trial judge found Mrs Garcia as a volunteer who, despite being the director and shareholder of her husbands company, had nothing to gain directly or even indirectly from the transaction she guaranteed. In application of the special
trial court and correct legal errors made by the trial judge. They must accept all the trial court’s 3. Why does a person seek an equitable (equity) remedy in a civil case when instead of a remedy law? Describe difference between an equitable remedy at law Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitution
home is your sanctuary,” but, when entered, does the home create feelings of stress and chaos, instead of calming and providing refuge? No matter how much a person cleans, a home can still feel as if it is in constant disarray. The Chinese commonly remedy these complaints by using the art of feng shui. Simple placement of certain objects in mapped areas of a home can bring great respite to an otherwise chaotic environment. American society classifies feng shui as just another idea based on superstitions
advisors as “incompetent”(2). Stevens may have not held anything against the Queen herself or any of her cabinet members, but rather degraded them simply to achieve his goals of the annexation of Hawaii, something that he considered “the only effective remedy for Hawaii’s troubles.” (2) Queen Liliuokalani naturally spoke out against the degradation of herself and her cabinet, and on behalf of her position of defending the Hawaiian Monarchy. “The U.S. Minister John Stevens was influenced by the annexationists
the opposing lower class during the French Revolution; as well as comment on the sheep-like nature of humankind. In the beginning of the novel, capital punishment serves as the "cure-all" for France’s social problems. After all, "death is nature’s remedy for all things, and why not legislation’s?" (62). It is this attitude that strikes fear into the lower class citizens, causing them to refrain from speaking out against their oppressors. Instead they are encouraged to "speak well of the law…and leave
come true. Pertelote does not believe in this predestination and gives her argument. She then calls Chanticleer a coward and threatens that she cannot love a coward. She thinks that the dream was caused by something Chanticleer ate and suggests a remedy. Chanticleer tries to convince Pertelote that his dream has meaning my biting people who dreamt of murder and then discovered it. But after his argument, he decides to leave the subject and compliment his Pertelote. The two make love and he leaves
and fierce competition for corporate funding. These problems must be corrected in order for this department to survive, if this department cannot be turned around then corporate will see it as a liability and eventually find a way of their own to remedy the problem. I have outlined a plan to turn this department around and make positive changes that will result in a profitable department for the company. The first step is to meet with corporate and discuss the overall goal of the company to ensure
Philosophy of Gilles Deleuze and Félix Guattari ABSTRACT: In academic philosophy the writings of Gilles Deleuze and Félix Guattari are still treated as curiosities and their importance for philosophical discussions is not recognized. In order to remedy this, I demonstrate how the very concept of philosophy expounded by the two contributes to philosophical thinking at the end of the twentieth century while also providing a possible line of thought for the next millenium. To do this, I first emphasize
Socrates's death. The amateur meddlesomeness and excessive individualism became main targets of Plato's attack. This attack came in the form of the construction of an ideal society in which justice reigned supreme, since Plato believed justice to be the remedy for curing these evils. After criticizing the conventional theories of justice presented differently by Cephalus, Polymarchus, Thrasymachus and Glaucon, Plato gives us his own theory of justice according to which, individually, justice is a 'human
philosophical methodology. This paper attempts to administer first aid and to close a bit of the theoretical gap and thus to reach a more exact image for the interests of analytic philosophy. Self-application of the method appears to be the right remedy. A graduating rational reconstruction of a standard concept of rational reconstruction will be suggested, differentiating the concept of rational reconstruction according to normativity, and explicating the method of rational reconstruction into two
Atropa belladona: The Deadly Nightshade What might a person bothered with intense gas, or flatulence to be blunt, do in today's society? Perhaps they would visit a type of "health food store" for a type of common natural remedy. Often, the mangers at such stores recommend that comphrey tea be taken to relieve the problem. However, after taking just such a concoction of the tea powder and water, one man became light-headed, agitated, confused and had problems urinating. His pupils became dilated
as the mask of masculinity tightens and they conform to what society expects from them, interfering with their ability to learn effectively. Dr. Pollack not only gives us the problems that face the adolescent boy he also gives us suggestions to remedy and rectify the situation. This is nice instead of simply offering negative statements he actually offers the reader a solution. Another beneficial aspect of Dr. Pollack’s writing is the fact that he uses so many references to his research and the
Essiac, Tea Of Life? The History of Essiac Essiac, the Ojibwa Tea of Life, is an herbal remedy used by the Canadian nurse Rene Caisse to treat and successfully heal thousands of terminally ill cancer patients (http://www.all-natural.com/essiac.html). When Caisse was working in an Ontario hospital, she met a lady with a badly scarred breast, who told Caisse that she had been healed of breast cancer by an Indian friend with an herbal tea, and then gave her the formula (http://www.all-natural
Microsoft Corporation Does the government have the right to regulate large corporations, namely the Microsoft Corporation? If so, then to what extent can the government do so? Based on our research, it is the government’s responsibility to remedy Microsoft’s noncompetitive behavior in order to increase fair competition. The Microsoft vs. the Government trial has many possible outcomes, which may affect a specific party. Not only does the outcome affect the Microsoft Corporation, but it
them. Why does that structure exist? The voters don't demand to change it. Why not? When we dig down through all the layers to the roots of the causes, we find three fundamental causes of social problems: ignorance, apathy, and greed. The ultimate remedy for social problems therefore must confront all three root causes. It does little good to just run down the street shouting "share the rent!" or "stop war!". Uttering a slogan does no good unless it arouses sympathy. As an example of the interplay
that is possibly the most challenging one to remedy. The antidote includes a change of the current American attitude towards immorality. Another cause is the decline of the American family. The way to rid ourselves of this causing factor is to promote a more traditional family and encourage sexual responsibility. A third source of the destruction of America’s moral base is the media, It is becoming a crude exhibit of America’s worst ethics. The remedy for this component of the problem is to more
Plethora of Fools in Twelfth Night Folly is one of the main weaknesses in Twelfth Night with a number of characters portraying their own strange foolish ways. Feste is the professional fool; he is the most noticeable fool and is very quickly recognised by the audience as an intelligent man. Orsino and Olivia are really foolish because of the decisions they make but they are regarded as intelligent. The biggest fool of all is Olivia's steward, Malvolio. Feste was obviously the most