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Should the concurrent but separate obligations and remedies of common law and equity be maintained, or is there a sound basis for their fusion?

Essay specific features

 

Issue:

Miscellaneous

 

Written by:

Thomas F

 

Date added:

June 2, 2015

 

Level:

University

 

Grade:

A

 

No of pages / words:

13 / 3527

 

Was viewed:

7283 times

 

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Essay content:

Instead of being excessively legalistic to insist upon concurrent duties, it argues that that nature of equitable obligation and remedies are restorative and serve a distinctly different purpose from the common law and should remain separate. Pursuant to this, the case law demonstrates the different means by which the court will determine an equitable remedy to one of common law, and that compensation is awarded to put the aggrieved party in a position that she would have been in had the equitable obligation not been breached...
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Pursuant to this, the case law demonstrates the different means by which the court will determine an equitable remedy to one of common law, and that compensation is awarded to put the aggrieved party in a position that she would have been in had the equitable obligation not been breached. It focuses specifically upon judgments where exemplary damages have been awarded for breaches of equitable duty, and looks at the reasoning of the courts when allowing such damages...
displayed 300 characters

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