Corporations: Reduction of Stock: Equitable Relief: Powers of Officers

1906 ◽  
Vol 4 (5) ◽  
pp. 394
Keyword(s):  
1937 ◽  
Vol 24 (1) ◽  
pp. 44 ◽  
Author(s):  
J. L. W. ◽  
L. C. T.
Keyword(s):  

1930 ◽  
Vol 44 (1) ◽  
pp. 142
Author(s):  
Joseph R. Long ◽  
Roscoe Pound
Keyword(s):  

2020 ◽  
pp. 605-610
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright

At common law, lapse of time does not affect contractual rights. But it is the policy of the law to discourage stale claims because, after a long period, a defendant may not have the evidence to rebut such claims and should be in a position to know that after a given time an incident which might have led to a claim is finally closed. Accordingly, in the Limitation Act 1980, the Legislature has laid down certain periods of limitation after the expiry of which no action can be maintained. Equity has developed a doctrine of laches, under which a claimant who has not shown reasonable diligence in prosecuting the claim may be barred from equitable relief.


Author(s):  
Paul S. Davies

This chapter considers gain-based and equitable remedies for breach of contract, which can be awarded in situations where restricting the claimant to damages would be inadequate. Damages may be awarded to strip a defendant of gains made from a breach of contract. Such ‘restitutionary damages’ are only awarded very rarely in ‘exceptional circumstances’ where the usual remedies for breach of contract are ‘inadequate’, and the claimant has a legitimate interest in preventing the defendant’s profit-making activity and depriving him of his profit. Where damages are inadequate to achieve justice, the court may grant equitable relief. The most important equitable orders are for specific performance and injunctions. Specific performance compels a person to perform his contract. Injunctions can either prevent a person from breaching his contract (prohibitory injunctions) or force a person to comply with his contract (mandatory injunctions).


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