Delays and inadequate remedies - equity, Business Law and Ethics

Delays:

However certain standard defences knows as "essoins" caused considerable delay earlier than a case could be heard.  Now for a certain condition like the hearing of a case could be automatically postponed  a year and a day whether the defendant pleaded sickness as a defence even despite the fact that the court had not verified the truth of the defence.  Therefore the Lord Chancellor generally disallowed these defences and adopted the maxim "delay defeats equity"

Inadequate remedies:

However the only remedy accessible at common law for a civil wrong was financial compensation calling damages.  Thus this might not be adequate compensation in that cases as breach of contract in agreement to sell a piece of land.  Conversely a common law court could not order the defendant to communicate the land to the plaintiff.  Further the Lord Chancellor intervened and developed the remedy of as "specific performance" for such cases.  Moreover the Chancellor whether in the King's name would order the defendant to convey the land to the plaintiff.

Posted Date: 1/16/2013 3:12:59 AM | Location : United States







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