Discretionary remedy meaning

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August undefined, 2024

WebEquitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common … WebJul 14, 2024 · While the rule that equitable remedies are discretionary means that the plaintiff cannot obtain them as a right, the discretionary nature of the remedy does not mean that it can be granted or withheld on arbitrary criteria. In the absence of proof of a bar to equitable relief, a plaintiff can expect to be granted the remedy it seeks in ...

What Is an Equitable Remedy? Everything You Need to Know

WebMandamus ( / mænˈdeɪməs /; lit. ''we command'') is a judicial remedy in the form of an order from a court [1] to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in … WebJun 19, 2024 · An actual or proposed act or omission by or on behalf of the company; or. A resolution, or proposed resolution, of members or a class of members of the company. is either: Contrary to the interests of the members as a whole; or. Oppressive to, unfairly prejudicial to, or unfairly discriminatory against a member or members whether in that ... care now eastchase hours

REMEDY English meaning - Cambridge Dictionary

Webas discretion should be understood as an interpretative exercise whereby the boundaries between those categories (and, hence, the rules governing selection of remedy) are given a more precise definition. I. Introduction The matter of the role of judicial discretion in cases in which equitable reme WebJun 7, 2024 · An injunction is a type of relief (or remedy) that a Country Court or the High Court may order. Where a court orders an injunction, the effect is that you are obliged to either do something or refrain from doing something. An injunction is a discretionary remedy, meaning that a court has the choice to order it if they think it is an adequate ... WebDec 16, 2024 · Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A … brooks wackerman music groups

Judicial Review and Remedies in Public Law The Student …

discretionary remedy definition English dictionary for …

Webdiscretionary meaning: 1. able to be decided by a particular person or group, rather than being controlled by rules, or…. Learn more. Webdiscretionary remedy in English dictionary discretionary remedy Sample sentences with " discretionary remedy " Declension Stem Match words a) An application for a … carenow durango and flamingoWebdiscretionary adjective formal uk / dɪˈskreʃ. ə n. ə r.i / us / dɪˈskreʃ. ə n.er.i / able to be decided by a particular person or group, rather than being controlled by rules, or relating … brooks wackerman wife

"WebAn introduction to various remedies available in equity, including rectification, specific performance, injunctions, estoppel, account of profits, subrogation, rescission, declarations and liens. It also provides a quick guide to the processes of following and tracing. This note provides a guide to Practical Law's materials on equitable remedies. " - Discretionary remedy meaning

Discretionary remedy meaning

discretionary remedy - English definition, grammar, …

Webdiscretionary adjective Having or using the ability to act or decide according to your own discretion or judgment remedy noun Act of correcting an error or a fault or an evil WebRescission (contract law) In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. [1] Rescission is the unwinding of a transaction.

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WebDec 16, 2024 · Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A declaration is essentially a statement made by the court at the request of a party. Webdiscretionary: 1 adj having or using the ability to act or decide according to your own discretion or judgment “The commission has discretionary power to award extra funds” …

WebRescission is an equitable remedy and is discretionary. It is used as a synonym for termination at law. A court may decline to rescind a contract if one party has affirmed the … WebSep 1, 2024 · This remedy is discretionary and only used when an individual cannot be compensated by money. If they do not complete the contract they will be held in contempt of court. Rescission This remedy aims to return parties to the position they were in before they entered into the contract.

WebAug 31, 2024 · When new and important matter or evidence is discovered which after the exercise of due diligence was not within his knowledge, or could not be produced by him at the time when the decree or order was passed; When there is any mistake or error apparent on the face of the record; When there is any other sufficient reason. Webdiscretionary remedialism is part of this debate over the use of discretion. Justice Hammond in 'Rethinking Remedies: The Changing Conception of the Relationship Between Legal …

WebFurther explanation of the exact meaning of these terms will be given. The final part of this chapter looks at the various remedies for judicial review. It is important to remember that all remedies are discretionary and some, such as injunctions, are also relied upon in private law hearings. ... the court may refuse to issue a remedy if this ...

Webdiscretionary. adjective. Having or using the ability to act or decide according to your own discretion or judgment. remedies. noun. of Remedy. brooks walking shoes for women amazonWebJul 19, 2024 · A winding up process like this is a discretionary remedy, meaning that the court can decide how it would like to act depending on the facts and circumstances of the individual case. The most common reasons that the court will consider the winding up of a company to be just and reasonable are: carenow east florida mdnow ohWebdiscretionary remedy meaning, discretionary remedy definition English Cobuild dictionary Search Synonyms Conjugate Speak Suggest new translation/definition … carenow east pearlandWebNov 24, 2024 · Historically, remedies are categorized as either legal or equitable. This is based on the system of English common law, which was divided into courts of law that … carenow eastern horizonWebA person may be forced to stop doing that which he should not do (injunction), but not forced to do what he will not do. Injunction An injunction is the second type of equitable remedy available in contract (it is also available in tort). It is a court order directing a person to stop doing that which she should not do. carenow edinburgWebSep 1, 2024 · This remedy is discretionary and only used when an individual cannot be compensated by money. If they do not complete the contract they will be held in … brooks walking shoes for men clearanceWeb1 of 2 noun. rem· e· dy. plural remedies. : the means to enforce a right or to prevent or obtain redress for a wrong : the relief (as damages, restitution, specific performance, … carenow e forms