Posted in June 4, 2010 ¬ 8:25 amh.
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Equity is the name given to the set of legal principles which both supplement and form part of the common law of common law countries. It originated as a separate body of law operating in the Court of Chancery in England alongside the common law, but has now merged to operate harmoniously with the common law under the same court system. Equity is commonly said to ‘mitigate the rigor of common law’ by supplementing the stricter rules of the common law where their application would operate harshly. For this reason it is also often referred to as ‘the gloss on the common law’.
Equity is meant to be more flexible than the common law. Historically, this was a primary reason for criticism of equity, as it was said that it had no fixed rules and merely entailed the Lord Chancellor judging in accordance with his own conscience. However, as time went on, the rules of equity became more established and as a consequence lost much of their flexibility. From the 17th century onwards equity was gradually consolidated into a system of precedents much like in the common law.
A principle distinction between equity and common law and equity is that equitable remedies are granted as a matter of discretion by a judge, whereas common law remedies are granted as of right once a cause of action is established. This is where the maxims of equity come in. Maxims of equity are principles which were traditionally applied by courts of equity in deciding cases before them, and which now form a major part of the court’s discretion when considering whether to grant equitable remedies. A principle equitable maxim is that ‘one who seeks equity must do equity’ which is closely related to ‘one who comes to equity must come with clean hands’; both of these basically mean that the court will look to the behaviour of a claimant seeking an equitable remedy, and any wrong-doing by them may cause the court to decline to grant the remedy.
The main equitable remedies are injunctions, specific performance, account of profits, rescission, declaratory relief, rectification, and estoppel. All of these remedies are very much a part of the current law of the UK, as are the equitable maxims. It is up to the person seeking an equitable remedy to request it from the court.
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Posted in May 30, 2009 ¬ 2:12 amh.
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Our life is changing very quickly. We can not even imagine in what situation we can get just in several hours or minutes because we do not expect any changes. But when we get into the trouble we will require professional help of lawyers who are ready to provide professional help in any situation.
One of the most difficult problems of the modern society is domestic violence. In fact it can not only lead to broken life but in some cases to death of the victim. In most of cases many women suffer from their husbands or boyfriends who treat them badly. If you think that domestic violence Toronto happens only with you and you can not get out of this situation you are making a huge mistake. Professional help of lawyers can solve all problems because you can always start a new life.
Another problem which has become common in Canada is shoplifting. Of course people caught for shoplifting Ontario do it for several reasons. For example, they lost their job and they do not have something to eat. In this case they do it just because they want to survive. In this case the punishment will not get punished if they prove it in the court.
Posted in May 28, 2009 ¬ 6:26 amh.
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To be legally literate is important wherever you are. And if you are going to visit and stay abroad for a definite period of time (if it is not a tourist trip) do not be lazy and stick yourself to studying the legal code of this country or it may lead to sad consequences if you are unaware of the rules of behavior, traffic rules and other as you may think minor issues that might lead to major troubles afterall.
I will never forget my last visit to Amsterdam - the city of cyclists. Actually, I have never known that this city is so overcrowded by… bikes! Not cars but bikes! You can easily notice a top manager in a suit with a tie on a simple rusty beach cruiser! And this is normal. But shocking for anyone who comes from another country. But the most striking thing is that their is practically no pavement but just one pink way that is divided with a white line bewteen pedestrians and cyclists. And God forbid! if you just step on the cyclists’ part! If you do it you are a potential party at fault if an accident happens. I’m not joking - it is really so! A cyclist who may run into you will be an injured party and you will have to pay out a fine and compensation costs! If something of the kind happens in the United States - there is no problem - you just call bicycle accidents lawyers Minnesota or even better address it to Pedestrian Lawyers Minnesota and leave the case aside as it will be taken care of by the professional lawyers. But when in Europe - you should be very careful and attentive. Do not spoil your visit abroad - learn some rules beforehand!
Posted in May 28, 2009 ¬ 5:22 amh.
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Sometimes I ask myself a question: Who are these traffic rules for? Really, when you drive your car you always notice how easily traffic rules are violated and usually you are in the situation when even you should do some minor traffic violations in order to avert an accident. In my opinion, the more is drivers density in a city the more chaotic is the driving in it. Definitely, no one cares about other drivers and these leads to negligence and violations. In many cases the latter result in crashes and injuries. No matter what the government does about this, the majority of drivers especially young unexperienced ones continue to break the rules. Even the newly introduced system of demerit points doesn’t always stop them. Though this system seems to be a wise step forward to prevent huge driving violations: all your traffic rules violations are summed up and recorded as demerit points. Then after 6 points you will be asked to appear before the Ministry of Transportation and explain why you drive so carelessly. Usually this doesn’t mean anything awful but this is recorded as an official warning before your driving license is suspended. And when you collect 9 demerit points you will be definitely given special tests, like going trough road, vision and knowledge tests in order to find out if you are able to drive safely and competently.
A nice introduction to the common system for road rules observance. May be this will put an end to reckless driving at least in Canada?
Posted in April 27, 2009 ¬ 9:08 amh.
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The sphere of law covers different matters because it touches the life of every person.
For example, only imagine a situation when you got to the hospital and had a minor disease. As all people doctors must help everyone. It is a person whom we trust the most important thing in our life. Of course there are a lot of professionals who have enough professionalism to work in this sphere. But in some cases patients suffer because of Medical Malpractice or negligence. In fact these doctors can even kill people. That is why if you suffered from such doctors it would be better to ask for help to Medical Malpractice lawyers in Minnesota who can help you in this situation. They can collect all evidences and help you to get compensation in the court.
Also the sphere of construct appears to be very dangerous. A lot of people get injured because some employers do not pay special attention to safety. That why Construction Accidents lawyers in Minnesota can prove in the court that your employer must pay you compensation for the injury which you can spend on rehabilitation.
Posted in April 26, 2009 ¬ 8:34 pmh.
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Legal and paralegal matters personal injury, criminal pardons, traffic ticket fines, corporate litigations and a lot more - coming very soon! Content verified for accuracy by various Toronto employment lawyers.