For the case of Sopov v Kane Constructions Pty Ltd (No 2) [2009], the appellant engaged the respondent as contractor in a construction project. The appellant repudiated the contract by wrongly calling on the respondent's bank guarantee, in response to which the respondent terminated the contract and claimed damages for quantum meruit. The Court of Appeal applied the NSW Court of Appeal decision in Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 which provided that an innocent party who accepts a defaulting party's repudiation has the option of claiming either damages for breach of contract, or a quantum meruit for the fair value of work done. The initial contract price was held to be only evidentiary for the…
Commentators and courts have noted that because certain equitable defenses were statutorily required to be tried by jury prior to the adoption of the 1894 Constitution, the deprivation of a jury trial for all equitable defenses is arguably unconstitutional. Under CPLR section 4101, when a plaintiff brings a legal action, the defendant’s equitable counterclaims should not be submitted to a jury. Under CPLR section 4102(c), when a plaintiff brings an action sounding in equity, the defendant’s legal counterclaims should be tried by a jury if so demanded. The counterclaims pled by a defendant enjoy the same careful analysis as the claims contained in the plaintiff’s complaint.…
2 Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant…
In Daventry District Council v. Daventry & District Housing Ltd [2011] EWCA Civ 1153, the Court of Appeal rectified an agreement for common mistake even though one party arguably did not intend to enter a contract on those rectified terms. The problem arose because the parties and their lawyers were at cross purposes on an important point during negotiations. The only person aware of the differing intentions was the chief negotiator for Daventry & District Housing Ltd (DDH). He told neither his own colleagues nor the counterparty. The court criticised him for keeping silent. Rectifying the contract cost his company £2.4 million (plus the litigation costs).…
“ In Common Law jurisdictions when a judge is called on to deal with a new set of circumstances he is at liberty to decide according to his own view of justice and expediency; however in Code jurisdictions a judge is bound to deal in accordance with the principles already established, which he can neither disregard nor…
Foakes v Beer and Re Selectmove Ltd. showed that partial payment of a debt is not viewed as good consideration. They both also showed that a promise to accept less could not have been enforced. However, Williams v Roffey Bros. proves that a promise to pay more can be enforced as long as the party paying will benefit from paying more. In Williams v Roffey, Roffey benefited from paying Williams more so that they were not a fault for the penalty of late completion and use their time higher new contractors.…
Maiese, Michelle. “Principles of Justice and Fairness.” Beyond Intractability.org. Web 31 Oct. 2013. < https://www.google.com.hk/url?sa=t&rct=j&q=&esrc=s&sour…
“Rawls argues that the term 'justice as fairness' does not imply that justice and fairness are identical, but that the principles of justice are agreed to under fair conditions by individuals who are in a situation of equality” (John Rawls, 2003).…
The Robbins Collections School of Law University of California at Berkley. (n.d.). The Common Law and Civil Law Traditions. Retrieved from http://www.berkley.edu…
Earlier the aggrieved party person knock the doors for justice and seek remedy for grievance and the any other person who was not personally affected can’t take justice as a proxy for the victim or the aggrieved party. That means only the affected parties had the chance for locus standi to file a case and continue the litigation, but the non-affected persons didn’t had that chance. However, this has been changed when the post emergency supreme court set at rested the problem of access to justice by people through elementary changes and modifications made in the requirements of locus standi and of party aggrieved. The concept of the public interest has originated in the 1970 in the USA , as a strategic extension of the wider public interest law movement and…
2 1. The Principle and essential elements of Natural Justice: In a famous English decision in Abbott vs. Sullivan reported in (1952) 1 K.B.189 at 195 it is stated that “the Principles of Natural Justice are easy to proclaim, but their precise extent is far less easy to define”. It has been stated that…
According to law, equity means the rules, which have been developed to ease the severity of the common law. The word “equity” means fair and it created new rights by giving beneficiaries rights against trustees by recognizing trusts. It offers a wide range of remedies than common law. It recognized trusts of property and might issue restrictions, orders to stop or do something. It can force…
Equity came into play when there was no precedent for the case at hand. This happens even today. If there is something for the court to adjudicate, but no guiding precedent or statute to guide how the case is to be decided, the judge (perhaps through a jury) creates a new precedent based on what is fair and equitable. This is a very common sense legal doctrine.…
JUSTIFYING SHAREHOLDER WEALTH MAXIMISATION Alan D Morrison Programme Director, The Oxford Finance Programme for Senior Executives; Professor of Finance, Saïd Business School CORPORATE OBJECTIVES AND CORPORATE FINANCE The Role of the Corporation Corporate fi nance is the branch of economics that concerns itself with the ways in which corporations fi nance their activities. If we want to think clearly about this topic, we need a simple model of the corporation. Figure 1 is about the simplest I can come up with. Corporations require fi nancial capital, and this comes from investors.…
b. Development of principles of equity – applying the principles of equity was seen to complement and soften, and in deserving cases, even override the strict application of legal rules which caused hardship to the claimants.…