If the applicant has given the counterparty a sum of money, there can be no dispute over the amount of reserve interest. Tom gives Tim $100 to cut down his firewood tree. Tim refuses. Tom`s repayment interest is $100. However, serious difficulties can arise if the benefit granted was performance. Courts have considerable discretion to apportion either the cost of hiring another person to perform the work performed by the aggrieved party (usually the market price of the service) or the value added to the property of the party who committed the offence as a result of the plaintiff`s performance. Mellors, a gardener, agrees to build ten fences around Lady Chatterley`s flower gardens at a market price of $2,500. After the construction of three, Mellors provided services that would cost $750 at market value. Suppose it increases the value of the lady`s property by $800.
If the contract is rejected, there are two measures of Mellors` repayment interest: $800, the value by which the property was increased; or $750, the amount it would have cost Lady Chatterley to hire someone else for the job. The measure to be applied depends on who rejected the contract and for what reason. An injunction is the second type of fair remedy available in the contract (it is also available in tort). It is a court order that orders a person to stop doing what they should not do. For example, if an employer has a valid non-compete obligation with an employee and the employee nevertheless agrees to compete with his or her former employer in violation of this contract, a court may order (issue an injunction) ordering the former employee to terminate that contest. A promise from a person not to do something – in this example, not to compete – is called a negative alliance (a covenant is a promise in a contract, even a contract). Or if the seller promises to give the buyer the right of first refusal for a unique piece of land or artwork, but the seller offers the thing to a third party in violation of a written promise, a court may prohibit the seller from selling it to the third party. If a person violates an injunction, they can be detained for contempt of court and imprisoned for a certain period of time. Madison Square Garden v. Carnera Corporation, Section 16.6.3 “Negative Injunctions and Commitments,” is a classic case involving breach of contract injunctions.
Courts design fair remedies to deliver justice in certain situations where money does not provide complete relief to the injured. Injunctions, benefit orders, declaratory judgments and constructive trusts are typical examples of certain types of equitable remedies. Return is considered a legal or fair remedy, depending on the nature of the assets restored. The importance of choosing a suitable remedy is vividly highlighted by the following statement. “Recently, a common law lawyer, who is highly noted for her legal achievements, wise opinions and high practice, indicated that there was no recourse against a married woman who, since she had a considerable separate estate, had partnered with her husband in a promissory note for X2500 for a debt of her husband because he believed: that the contract of a married woman is absolutely void. and referred to a decision to that effect, without knowing or forgetting that, in such circumstances, the payment of the separate estate could have been enforced. And after that, a highly respected fairness lawyer in the same case equally erroneously pointed out that the appeal was only in equity, although it appeared at first glance of the case, since it was found at the time that the wife had promised to pay with clemency to the mind after the death of her husband, and on the basis of which she could have been arrested and prosecuted. If the common law lawyer had correctly advised the equity procedure, or if the equity lawyer had advised an arrest case on the promise after the husband`s death, the entire debt would have been settled. But according to the latter opinion, an invoice was filed with the Chancery, and so much time elapsed until the decree that a large part of the property was dispersed and the woman fled in France with the rest, and the creditor therefore completely lost his debts, which would have been recovered if due process had taken place in the first or even second instance. This is one of the many cases that occur almost daily, illustrating the consequences of the lack of at least a general knowledge of each branch of law. The distinction between remedies and fair remedies originally arose because courts had only the power to grant remedies, while fair courts offered fair remedies to deliver justice in situations where money would not be sufficient redress. Courts and equity courts have joined forces, but the distinction is still of some importance, as in a number of courts a jury trial is granted or dismissed, depending on whether the appeal sought is legal or fair.
When an appeal is filed, the applicant is entitled to a jury, but this does not apply if an appropriate remedy is sought. Punitive damages are not provided for by law. The judge or jury may, in its sole discretion, award such amount as may be deemed necessary to remedy the injustice or to deter similar conduct in the future. This means that a richer person can be beaten with much more serious punitive damages than a worse one in the corresponding case. But in any case, the judge may reject (reduce) the punitive damages in whole or in part if he deems it excessive. An appeal is a form of judicial enforcement of a legal action arising from successful civil proceedings. Remedies can be divided into three general categories: you will remember that there are several circumstances in which a person can cancel a contract: coercion, undue influence, misrepresentation (fraudulent, negligent or innocent) or error. But a party may lose the right to avoid and thus the right to appeal in various ways. There are two general categories of remedies: legal and equitable. In the category of remedies, damages are money paid by one party to another party to discharge a liability. Damages are money paid by one party to another; There are different types of damage.
In the category of equitable remedies, these three elements fall into: specific serviceAn order ordering a person to deliver the single thing contracted by the other party, which means that a person is ordered to deliver a single thing (land or unique personal property, such as a painting or an antique car); a court order ordering a person to do what they should not do, a court order ordering a person to do what they should not do (e.B. competition with a former employer in breach of a non-compete obligation); and the restoration of restitution; Return of goods or money to restore the non-infringing party to the condition as if the contract had not been concluded, which means that the parties will be brought back to the situation in which they found themselves before the conclusion of the contract. The purpose of the action for restitution is to restore the plaintiff to the position he held before the violation of his rights. It is usually measured by the defendant`s profits as opposed to the plaintiff`s losses in order to prevent the defendant from being unfairly enriched by injustice. The use of the yield can lead either to financial recovery or to the recovery of assets. n. the means of obtaining justice in any matter involving legal rights. Appeals may be ordered by the court, by judgment after the trial or hearing, by agreement (settlement) between the person claiming the damage and the person whom it considers to have caused it, and by the automatic application of the law.
Some remedies require certain actions to be performed or prohibited (initially called “equity”), others involve the payment of money to cover losses due to breach or breach of contract, and still others require a court to declare the parties` rights and an order to honor them. An “extraordinary means” is a means used by a judge to resolve certain issues, such as. B the appointment of an appraiser, master or insolvency administrator to investigate, report or take possession. An “interim remedy” is a temporary solution to keep things in the status quo until a final decision or an attempt to see if the remedy will work. (See: Fairness, Judgment, Interim Appeal, Settlement) Punitive damages are different from other types of damages because their primary purpose is to punish the defendant and prevent him and many others from engaging in similar types of illegal behavior in the future. [8] Malevolence and the defendant`s willingness to perform certain unlawful acts generally force the court to impose punitive damages […].