Remedies for breach of contract Contrary to what most people might think, the solution for breach of contract is not designed to punish the guilty party, instead it is to protect and preserve the rights and reasonable expectations of the party seeking reimbursement. The purpose of the contract law is that in the event of one party not fulfilling their obligation towards the other party, the party harmed will be compensated for its losses. In most cases the standard solution for breach of contract
dealt with on a case to case basis , leading to much uncertainty in the Law of Restitution today. A failure in cr... ... middle of paper ... ...nts to list out every item bought using the money. It was stated in the Canadian case of RBC Dominion Securities Inc v Dawson that detailed evidence of spending was not required by the courts in order to prove extraordinary expenditure. The rationale behind this is that a recipient should be allowed to spend their own money in whichever way they choose to
(Declaration of Independence,1776) This quote is symbolic of the expressed opinions and ideology of the founding fathers of America. History, especially the history of the American educational system, paints a contradictory portrait. Idealistic visions of equity and cultural integration are constantly bantered about; however, they are rarely implemented and materialized. All men are indeed created equal, but not all men are treated equally. For years, educators and society as a whole have performed a great
Equity in the Classroom The concerns regarding equity issues in math and science may seem minimal, but in reality are very large. Usually unintentionally, teachers pay more attention, and give more positive attention to boys in their classrooms. This is especially noticed in the areas of math and science. “Girls are equal to or ahead of boys in achievement” (Sadker, 1993, p. 67) in the early stages of schooling. So why do boys seem to do so much better in math and science in the later school
doctrine of unconscionable bargains can be regarded as difficult to define but various cases have succeeded in refining the doctrine to a simple understanding. In Evans v Llewllin, unconscionable bargains is a well established jurisdiction in equity to relief against transaction regarded as considerably disadvantageous to the complainant, who is in a special position of weakness compared to the defendant and where transaction was procured by the defendant in a morally culpable manner. The power
Section 16 (3) of the Contracts Act 1957: Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on, the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Section 16(3) placed unconscionable bargain as a part of proving undue influence. Relying on an Indian case of
During my second year at YLS, the focus of my studies has shifted. Whereas the majority of my studies in year one revolved around the common law, this last year my legal education has focused upon the prevalence of the courts of equity in relation to the law of obligations and the law of property. Most notably, I have explored the far-reaching application of equitable redress. Additionally, another topic, which was touched upon last year, has been a core element of my work in relation to the interaction
trust implies that the trust property is conferred to the trustees and the trust is binding on the donor who cannot revoke the trust. When the trust property is not properly vested the trust is considered incompletely constituted and it is void as equity will not force the donor to complete the trust. The principles of constitution of trusts are derived from the case of Milroy v Lord (1862 where turner L.J. stated that the complete constitution of a trust requires the actual transfer of property
Yaxley v. Gotts (1999) and Stack v. Dowden (2007). This essay will describe the relevant judgements in these cases in order to show the differences between the two doctrines. Lord Denning described estoppel succinctly as ‘a principle of justice and equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so’ . Proprietary estoppel in turn is
The Special equity relating to wives whom act as guarantors of their husband’s debt was refined by Dixon J who gave the leading judgment in the case of Yerkey v Jones. The essence of the principle was that if a wife who is the surety of her husband’s debt doesn’t understand essential information, due to the fact that the creditor has relied on the husband to inform his wife, and not dealt with her personally, the wife has a prima facie right to have the debt set aside. The principle has faced
Washington D.C., 1989. "Environmental Racism?" Wilson Quarterly. Spring 1995, Volume 19:2. Sachs, Aaron. Eco-Justice: linking human rights and the environment. Worldswatch Insititute: Washington D.C., 1995. Reilly, William K. "Environmental Equity: EPA's position." EPA Journal. March/April 1992, Volume 18:1.
substantially different, pay less and confer less authority. Equity means fairness and justice. Pay equity programs throughout the world attempt to legislate and regulate the elimination of systemic gender-based wage discrimination and to ensure ongoing systems that will maintain equitable wage relationships over time. Pay equity programs attempt to address the undervaluation for work traditionally or historically done by women. Pay equity (also referred to as “comparable worth”) programs require a
Equity in the Workplace Employment, Inc is committed to a policy, as stated by the Federal Employment Equity, of achieving equality in the workplace so that no person is denied employment opportunities, pay or benefits for reasons unrelated to ability. Employment, Inc is therefore committed to equal employment opportunities, as stated by the Civil Rights Act of 1964, for all applicants and employees without regard to age, race, color, religion, national origin, sex, physical or mental disability
Objective National Bank of Canada ("NBC" or "the Bank") is tasked with the decision to review Dawson Lumber Company Limited's ("Dawson") request for an increase in its line of credit up to the amount of $10.8mm. Dawson intends to finance inventory and receivables with the line of credit. NBC must remain cognizant of the competitive landscape of the lumber industry and assess whether a focus on the retail segment is beneficial to Dawson's strategic plan. Given that Dawson is one of the region's
Unexpected Event In January 2011, a class action lawsuit was filed against Taco Bell, alleging the restaurant chain used more meat fillers than real ground beef. Specifically, the suit claimed Taco Bell’s products were made with “taco meat filling,” which consisted of extenders and other non-meat substances. The complaint further pointed out that Taco Bell not only misled consumers but also violated federal requirements by labeling “taco meat filling” as beef. This incident was unexpected as Taco
Equity In 1066 when William the conqueror came to England the law was very different from today. Itinerant judges who would travel around the country settling any disputes administrated it. They started out using local laws and applying these to cases before them. However, the Normans were keen to develop a law which they could apply to the whole country, a law which would be common to every one. So they gathered what was considered to be the best of different local laws and developed a common
Bleak House is written by Charles Dickens in 1852. Written over a two-year period in twenty installments. Dickens uses Bleak House to describe his dislike of the Court of Chancery and the effects on characters from different backgrounds. Chancery court is inheritance court which handles the Jarndyce and Jarndyce case when a series of conflicting wills are presented to the court. In his first installment, Dickens introduce two narrators to describe the Jarndyce and Jarndyce court case. Dickens
of Common Law and Equity 1.0 Introduction I have been asked to write a report on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since superseded by parliament. It is in parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law and allow people the opportunity to avoid the inherent problems. Equity is ‘the gloss on
Common Law and Equity Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law? What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts 1873-1875? What are the equitable maxims that are needed to be satisfied? What are the various kind
effectively transferring property to trustees or by effectively declaring a trust. In case of personal property, the declaration of the trust may be put in writing; however, equity will not perfect an imperfect gift. It is only when the trust is constituted that it is binding on the settlor. The long-standing idea that equity will not perfect an imperfect gift can be traced back to the 19th century cases of Ellison v Ellison and Milroy v Lord , and was further emphasized in the 20th century in the