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Legal and equitable remedies.
Equitable Remedies Can Sting: The remedy the Court fashioned was significant.
More difficult cases arise when substantive laws command affirmatively different actions, as when two courts order mutually inconsistent equitable remedies.
at 377 (equitable remedies still available since not specifically superceded, § 1-103) with Edelstein v. Toyota Motors Dist., 176 N.J.
It also relegates certain remedies to the class of equitable remedies, of which the court has a large discretion to grant or withhold.
Holding federal officers liable for damages for constitutional injuries no more violates separation of powers principles than does imposing equitable remedies under the traditional function of judicial review.
Similar(46)
Nonetheless, some confusion exists whether the equitable remedy of rescission survives under the Code.
Does the acquiescence of the company in the equitable remedy affect the answer to those questions?
A short time later, responding to Microsoft's complaints, the judge remarked: "I ask you if forfeiture is not a traditional, equitable remedy".
In such instances it may be appropriate to withhold an equitable remedy and confine an award of damages to a limited period, or the like.
secured or unsecured" or any "right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether..
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com