Identify 6 things caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer
Premium Civil procedure Injunction Common law
Orders2 dated February 10‚ 1992 and March 19‚ 1992 of the Regional Trial Court‚ Branch 90‚ of Quezon City granting the issuance of a writ of preliminary injunction. The facts of the case are as follows: On December 20‚ 1991‚ petitioner Elidad C. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction‚ docketed as Civil Case No. Q-91-10926‚ against the respondents Summerville General Merchandising and Company (Summerville‚ for brevity) and Ang
Premium Appellate court Appeal Court
restricted when the Court issued an order enjoining him coming with close proximity to Onassis or her children and limiting his future attempts to photograph the family. Galella appealed. Issues: Was the dismissal of Galella’s claims proper? Does the injunction violate Galella’s First Amendment rights as a newsman? Holding: Yes‚ dismissal of the plaintiff’s claims below was proper and he failed to raise a claim of
Premium First Amendment to the United States Constitution United States Secret Service United States Constitution
Port Regulation of Davao This petition for review with prayer for a writ of preliminary injunction and/or restraining order filed by petitioners‚ Philippine Ports Authority ("PPA" for brevity)‚ Port Manager Bienvenido Basco and the Port District Manager‚ Ernesto Fernando of Davao City‚ challenges the jurisdiction of the Regional Trial Court of Davao City‚ Branch 17‚ in a case involving the legality of port charges imposed by the PPA on the respondent Terminal Facilities and Services Corporation
Premium Court Injunction Appellate court
Q1- Shambu Dayal started ‘self service’ system in his shop. Smt. Prakash entered the shop took a basket and after taking articles of her choice into the basket reached the cashier for payments. The cashier refuses to accept the price. Can Shambu Dayal be compelled to sell the articles to Smt. Prakash? Decide. Answer Invitation to offer The offer should be distinguished from an invitation to offer. An offer is the final expression of willingness by the offeror to be bound by his offer should
Premium Contract Injunction Contract law
Trade secret By definition‚ a trade secret may consist of any formula‚ pattern‚ device or compilation of information which is used in a business‚ and which may give an advantage over competitors who do not know the trade secret. A trade secret may be a formula for a chemical compound‚ a process of manufacturing‚ treating or preserving materials‚ a pattern for a machine or other device‚ or even a list of customers. Trade Secret Vs Everyday Secrets Trade secrets are different from other business
Premium Secrecy Injunction Confidentiality
Equity is still very relevant today- equitable rights‚ interests‚ and remedies remain important in law today. Equitable relief introduces injunctions in labor disputes‚ partitions of real property‚ specific performance of contracts‚ reformation of contracts‚ setting aside invalid wills‚ divorces and various other matters where the court orders something to be done other than entering a judgment for money damages. Concepts such as mortgages and Trusts are founded on the idea
Premium Injunction Judicial remedies Common law
Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
Premium Contract Civil procedure Lawsuit
being paid. The point of damages is to put the injured party in the same financial position he would have been in had the contract been properly performed. Damages are not always a suitable remedy so sometimes other remedies are put into place e.g. Injunction. -Damages In order for the innocent party to actually get awarded damages they must be able to prove they suffered a loss from the contract not being fulfilled properly. The court has to think about two things when deciding to award someone damages
Premium Contract Judicial remedies Injunction
to suppress the rebellion in the NCR. Warrantless arrests of several alleged leaders and promoters of the “rebellion” were thereafter effected. Petitioner filed for prohibition‚ injunction‚ mandamus and habeas corpus with an application for the issuance of temporary restraining order and/or writ of preliminary injunction. Petitioners assail the declaration of Proc. No. 38 and the warrantless arrests allegedly effected by virtue thereof. Petitioners furthermore pray that the appropriate court‚ wherein
Premium Legal terms Habeas corpus Injunction