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







Related Discussions:- Delays and inadequate remedies - equity, Assignment Help, Ask Question on Delays and inadequate remedies - equity, Get Answer, Expert's Help, Delays and inadequate remedies - equity Discussions

Write discussion on Delays and inadequate remedies - equity
Your posts are moderated
Related Questions
Casual Appointments:  Article 95 permits the board of directors to fill a vacancy in the board or to get an additional director to join the board for practical reasons provide

Legal Status:  A promoter is not an agent of the company he promotes.  However, the English courts have held that he stands in a fiduciary relationship to the company he promo

Define the principle of prescription Prescription   (res  nullius-an  asset susceptible of acquisition but presently under the ownership or sovereignty of no legal person). Pr

Partnership Property Partnership property comprises all property originally brought in the partnership as well like acquired for the purposes of such the firm's businesses. Th

Explain United Nations General Assembly A treaty may also be referred to as a Convention, Protocol, Agreement and Declaration. There are no legal reasons for using different na

Q. Show the Cross agency actions ? As already described, the ASIC, ATO and FWO all have responsibilities in investigating and monitoring elements of phoenix activity. This mean

What are the state foreign policy The states disregard the operational rule, that power must be counter balanced - they place their over security in jeopardy. "The balance of p

1. Justices in the U.S. Supreme Court are appointed for life. Unless they choose to retire, they have the right to remain in office and cannot be removed by congress or by the Pres

What is volenti non fit injury? Volenti: Consent specified by a claimant to the defendant is this implicitly, through explicitly or action to be negligent will not succee

Consideration - Element of Contract Just to an agreement to constitute a contract the common law of the England then adopted in the US, requires such, must be supported with c