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Sunday, April 26, 2020 | History

6 edition of Equitable remedies; injunctions and specific performance found in the catalog.

Equitable remedies; injunctions and specific performance

I. C. F. Spry

Equitable remedies; injunctions and specific performance

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  • 3 Currently reading

Published by Law Book Co. in Sydney .
Written in English

    Places:
  • Australia.
    • Subjects:
    • Equitable remedies -- Australia

    • Edition Notes

      Second ed. published in 1980 under title: The principles of equitable remedies.

      Statementby I. C. F. Spry.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationxlii, 603 p.
      Number of Pages603
      ID Numbers
      Open LibraryOL4700558M
      ISBN 100455161305
      LC Control Number77888165
      OCLC/WorldCa258377

      An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. " When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including.


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Equitable remedies; injunctions and specific performance by I. C. F. Spry Download PDF EPUB FB2

Injunctions, like all equitable remedies, are discretionary, but the court will exercise its discretion according to well-established equitable principles. Originally, injunctions were unavailable in the common law courts but s 79 of the Common Law Procedure Act gave such courts the power to issue an injunction instead of awarding damages.

The first edition was described by Sir Owen Dixon as "the best legal book to have come out of Australia", and the seventh edition of EQUITABLE REMEDIES continues to uphold its reputation as an up-to-date and reliable source of information with respect to injunctions, specific performance, rectification and equitable damages.

Equitable Remedies of Injunctions and Specific Performance The claimants sought an injunction to prevent the defendant from naming his house, ‘Ashford Lodge’, a Author: Mohamed Ramjohn. Equitable Remedies 9 th Edition is a particularly important reference book for commercial and property transactions, as well as more general equity doctrines.

For discussion of the law relating to injunctions, specific performance, rectification and equitable damages, Equitable Remedies 9 th Edition is the essential resource on the subject. The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages I.

Spry LBC Information Services, - pages. EQUITABLE REMEDIES is regarded as the most thorough and in-depth treatise on equitable remedies in the common law world today. The first edition was described by Sir Owen Dixon as "the best legal book to have come out of Australia". This 8th edition of Equitable Remedies continues to uphold its reputation as an up-to-date and reliable source of information with respect to injunctions, specific.

The Law of Equitable Remedies is a book designed for practitioners, students, or anyone looking for a discussion of principles that underlie the application of major equitable remedies, including interlocutory injunctions, permanent injunctions, specific performance, equitable compensation, equitable damages, and rectification.

In each of these areas the reader will find a discussion of the. Specific performance and injunctions are equitable remedies.

The remedy of equitable damages is a creature of statute available either in lieu of or in addition to the equitable remedies of specific performance and injunction. Thus the three remedies are closely related.

They will be discussed in turn. Specific performanceAuthor: Michael Bryan, Vicki Vann. This lesson explains specific performance and injunctions, which are equitable remedies.

Equitable Damages A breach of contract is a common type of civil claim. Peculiar to contract enforcement, this compels performance of the terms 2 Injunctions Equitable remedies are designed to be ancillary to common law remedies; the supplement the satisfying a court that an equitable remedy of specific performance should be applied,File Size: KB.

Specific Performance, Injunctions, Rectification and Equitable Damages. Equitable Remedies is a work of the highest international standing and the common law authority on remedies in equity. Famously described by Sir Owen Dixon as "the best legal book to have come out of Australia", through each new edition it continues to be cited by judges in the highest courts of the common law world.

The 8th edition of Equitable Remedies continues to uphold its reputation as an up-to-date and reliable source of information with respect to injunctions, specific performance, rectification and equitable damages.

Equitable remedies are used when a solution cannot be achieved through the courts of law. The common law remedy of damages, which is available as of right, has often proved.

There are several remedies a court can impose on parties in a breach of a contract case: rescission, restitution, specific performance, injunction, reformation or quasi-contract. Learn about each. The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages I.

Spry Sweet & Maxwell, - Equitable remedies - pages. Get this from a library. The principles of equitable remedies: specific performance, injunctions, rectification, and equitable damages. [I C F Spry] -- Commonly regarded as the most thorough and in depth treatise on equitable remedies in the common law world today.

This new edition analyses a series of important decisions relating to. Shortlisted for the Walter Owen Book Prize (first edition) This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification.

Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing. It is often a requirement that legal damages be unavailable before a court will decide to issue equitable relief. Equitable remedies can include: Specific Performance: A court order which requires the party in breach.

The fifth edition of this highly respected book on equitable remedies provides comprehensive coverage of the principles of the subject. It discusses in detail topics such as injunction, specific performance, rectification and equitable damages and its clear layout will. "This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification.

Injunctions and Equitable Remedies. STUDY. PLAY. Equitable Relief - Consists primarily of non-monetary remedies such as injunctions. - Rule 65(d) 65(d) - Injunction must contain: reason why it's issued, specific terms - Who is bound by the order.

Walgreen Co. v Sara Creek Property. Understand the different types of equitable remedies: specific performance, injunction, and restitution. Overview Really the only explanation for the differences between law and equity is to be found in the history and politics of England dating to the twelfth century, but in.

Contract Remedies Equitable Remedies (Specific Performance and Negative Injunction) Injunctions - Permanent Specific Performance: Why it. Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity at the discretion of such court.

This essay will look at the equitable remedies available and in particular ask how men and women are treated differently in v the grant and denial of such remedies. The effect on availability of equitable relief of such factors as: Right to a jury trial ; Legal limits on contract damages ; Disgorgement of profits ; And agreed remedies are also examined ; Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.

One equitable remedy is specific performance. It is asking the court to make a breaching party to a contract to specifically perform what he/she was supposed to perform. Typically injunctions. Commonly regarded as the most thorough and in depth treatise on equitable remedies in the common law world today.

This new edition analyses a series of important decisions relating to ectra-territorial effect of equitable orders. lxxv, pages ; 25 cm. Equitable remedies.

Equitable remedies -- Australia. Australia. Law (Australia). Equitable Remedies, Injunctions and Specific Performance, by I.

SPRY, LL.D. (The Law Book Company Ltd, Australia, ), pp. i-xlii, Australian Price $ Dr Spry's book, which earned him his Doctorate of Laws, sets out to analyse injunctive relief and specific performance. SPECIFIC PERFORMANCE. Is a discretionary and equitable remedy compelling a party to a contract to fulfil his obligation in accordance with the terms of the contract especially where damages would not suffice to compensate for non-performance.

Telling the other party oya perform ya side of the bargain na. The principles of equitable remedies: specific performance, injunctions, rectification and equitable damages / by I. Spry. KF S67 KF S67 lxxv, pages ; 25 cm. Equitable remedies. Law (Australia) The principles of equitable remedies: specific performance, injunctions, rectification and equitable damages / by I.

Spry. - Version details. The many remedies looked at include damages, the award of an agreed sum, injunctions, specific performance, equitable compensation, an account or profits, and declarations.

The book is divided into parts which correspond to the primary functions of the remedies, namely compensation, restitution and punishment, compelling performance or. Equitable remedies include injunctions and decrees of specific performance.

T Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. (source: Nielsen Book Data) The fifth edition of this highly respected book on equitable remedies provides comprehensive coverage of the principles of the subject.

It discusses in detail topics such as injunction, specific performance, rectification and equitable damages and its clear layout will guide readers quickly to the information needed. A Treatise On Equitable Remedies: Supplementary To Pomeroy'S Equity Jurisprudence.

(Interpleader; Receivers; Injunctions; Reformation And Cancellation; Partition; Quieting Title; Specific Performance; Creditors' Suits; Subrogation; Accounting; Etc.) [FACSIMILE] [John Norton Pomeroy] on *FREE* shipping on qualifying offers.

HIGH QUALITY FACSIMILE REPRODUCTION: Pomeroy, John. doctrine remains the linchpin of the rules governing specific performance in American law." "As a consequence of the adequacy test, specific performance and injunctions are exceptional remedies for breach of contract in American law." And so on.

He criticizes the Restatement (Second) of Contracts for being too generous with specific performance. Remedies in contract law Specific performance is an equitable remedy available at the discretion of the judge.

It is an order by the court requiring one party to perform their contractual obligation. There is an overlap between mandatory injunctions and specific performance which has been recognised by the courts.

The courts will not. On this public site, books and documents are presented only as previews. To gain access to complete books and documents, visit desLibris through the discovery portal of a member library, or take out an individual membership.

Click on “More details” to find the book in bookstore or library. Therefore, over the years the courts have developed a number of equitable remedies to address the limitations of the common law response.

This chapter considers the range of equitable remedies which have been developed by the courts: specific performance; injunctions; rescission; rectification; and. Compare book prices from overbooksellers. Find Equitable remedies; injunctions and specific perform () by I.

F Spry. These remedies, like all equitable ones, are subject to the equitable defenses, including unclean hands, laches, estoppel, election of remedies, and unconscionability. (Chapter 5). Injunctions and specific performance remedies are called “coercive” because they are backed by the contempt power of the court.

Examines the basic rules for legal and equitable remedies, injunctions, damages, restitution, rescission, reformation, and specific performance. Explains how remedies are used for injuries to realty, personal property and money, personal interests, misrepresentation, mistake, duress, and breach of contract.Equitable remedies are orders for the defendant to do some act, or refrain from doing some act - injunction and specific performance are the two most common equitable remedies.

Asked in Algebra.A treatise on equitable remedies: supplementary to Pomeroy's Equity jurisprudence. (Interpleader; receivers; injunctions; reformation and cancellation; partition; quieting title; specific performance; creditors' suits; subrogation; accounting; etc.) 1 by Pomeroy, John Norton, at - the best online ebook storage.

Download and read online for free A treatise on equitable 5/5(3).