Discretionary remedy meaning

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August undefined, 2024

Webdiscretionary meaning: 1. able to be decided by a particular person or group, rather than being controlled by rules, or…. Learn more. 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.

Remedy Wex US Law LII / Legal Information Institute

Web1 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, … WebA 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. can you put matcha powder in coffee

What Is an Equitable Remedy? Everything You Need to Know

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 ... WebLeggatt LJ stated the following principle in relation to the exercise of a contractual discretion: “ Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but ... Webdiscretionary remedy meaning, discretionary remedy definition English Cobuild dictionary Search Synonyms Conjugate Speak Suggest new translation/definition … bringing out the dead torrent

Remedies Definition & Meaning - Merriam-Webster

Discretionary - definition of discretionary by The Free …

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 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 … bringing out the stars achieve3000 answersWebJan 29, 2024 · The general dictionary meaning of the term substitute means to place someone or something in place of another. Any amendment by way of substitution involves two steps; firstly the old law is repealed and ceases to exist and secondly, the new law would take the place of the old law. can you put matcha in smoothies

"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 … " - Discretionary remedy meaning

Discretionary remedy meaning

Oppression proceedings: key principles and procedures

WebNov 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 … 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” …

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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 … 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.

Webdis·cre·tion·ar·y. (dĭ-skrĕsh′ə-nĕr′ē) adj. 1. Left to or regulated by one's own discretion or judgment. 2. Available for use as needed or desired: a discretionary fund. …

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 … WebA remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: ... Plaintiffs can also receive provisional remedies when a court uses its discretionary power to prevent harm to the plaintiff while the plaintiff's rights are still being determined.

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

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 … can you put matches in checked luggageWebdiscretionary remedialism is part of this debate over the use of discretion. Justice Hammond in 'Rethinking Remedies: The Changing Conception of the Relationship Between Legal … can you put mashed potatoes in crockpotWebDec 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. can you put matte polyurethane over glossWebdiscretionary. adjective. Having or using the ability to act or decide according to your own discretion or judgment. remedies. noun. of Remedy. bringing out the dead streaming vostfrWebIt draws on the works of a number of scholars to overcome some stereotypical beliefs and in particular to highlight that: the grant of replicative remedies which originated in the … can you put matte nail polish over gelWeb1 : left to individual choice or judgment : exercised at one's own discretion discretionary powers 2 : available for discretionary use discretionary income Synonyms elective optional voluntary See all Synonyms & Antonyms in Thesaurus Example Sentences … can you put matte over gloss finishWebA remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: Damages - monetary compensation … bringing out thick yrllow stuf from chest