requested a Federal judge issue a preliminary injunction to prevent further damages of sales of her product in the market. Paul claims his product is different from Jane’s and therefor noninfringing. What rule of law‚ standards and guidelines will a judge need to determine whether to grant Jane’s request for a preliminary injunction? Under 35 U.S.C. S. § 283‚ the rule states “several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity
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Explain the common remedies that a party to a contract may claim under the law of contract. Various remedies exist in contract law. These include: Damages Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. Parties to a contract may legitimately agree the
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violated a court injunction. Believing that a decision not to march would end the campaign‚ Dr. King‚ Reverend Shuttlesworth‚ and fifty other people marched on Good Friday and were arrested. During the week that he spent in jail‚ Dr. King expressed the principle of non-violent direct action to counter pervasive injustice in his “Letter from a Birmingham Jail.” Rev. Wyatt T. Walker‚ Dr. King‚ Rev. Shuttlesworth‚ and other leaders were convicted of violating the court injunction. Shuttlesworth was
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equipment. By reason of that‚ the respondent filed an application for mandatory injunction. 2. Issues of Law : a. Whether the Court has a discretionary power to issue mandatory injunction on an ex parte application b. Whether the respondent have a right to possess the equipment 3. Judgment : a. The Court has a discretion to grant mandatory injunction before trial but the injunction will only be granted for an extremely rare case and also for ex parte application
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INTRO: We’re not interested in proving liability‚ we’re concerned with finding the need for a resolution The creation of a right is distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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The action alleged that the business was a front for prostitution and an illegal massage parlor. A preliminary injunction was issued by trial of court restricting the operation of a massage parlor or a place of prostitution. Pacific Landmark‚ a restricted liability company and owner of the property and Ron Mavaddat‚ the Pacific’s manager appeal‚ challenging that the preliminary injunction is disputable in light of the fact that the culpable business has cleared the premises‚ with the outcome there
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Fall 2012 Remedies Outline GENERAL PRINCIPLES GOVERNING DAMAGES COMPENSATION Harris v. Peters Compensatory damages are those awarded to a person as compensation‚ indemnity‚ or restitution for a wrong or injury sustained by him. The purpose of compensatory damages is to make the injured party whole and restore him to the position he was in before the loss‚ but not to enable him to make a profit or windfall. When personal property is destroyed or rendered useless‚ the measure of damages is the
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published in 1876’ the court held that since the Indian legal system was founded on English common law‚ the right to a pollution-free environment was a part of the basic jurisprudence of the land.6 Damages and injunction A plaintiff in a tort action may sue for damages or an injunction‚ or both. The damages so awarded for are pecuniary compensations payable for the commission of a tort. They may be ‘substantial’ as well as ‘exemplary.’ Substantial damages are provided to compensate the plaintiff
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reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell‚restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore‚ the relevant case laws will be included. Before considering the decision of Brightman J in the Wrotham Park Estate Co Ltd v Parkside Homes Ltd case‚ the remedies available for breaches of contract will be analysed
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