Friday, August 9, 2019
Attorney General v. Blake and Another Essay Example | Topics and Well Written Essays - 750 words
Attorney General v. Blake and Another - Essay Example These four judges were responsible for managing the exceptional cases and all the issues regarding this case (Glanvill, 1967). Date of the Case: 27 July 2000 2. Central legal issue(s): The current case belonged to the breaching of contract issue held in between two individuals. This English contract law is effective in the situations when breaching of contract becomes the serious issue in between them and one of them file a court case. In such situations, ordinary remedies are of no use until or unless the two parties compromise with each other. But when they do not, the restitution damages are likely to be awarded to the individual who proves his truth (Robinson, 1993). 3. Facts of the case: Some of the facts of this case are; 1. Under section 2--Chancery Amendment Act, it becomes clear from this case that jurisdictions sometimes remain ineffective. In such situations, the Section 2 plays its vital role in empowering the Court of Chancery from different points of view (Bailli, 2009) . 2. In cases when the court declines to grant specific injunctions, which are likely to affect the indefinite consequences and prove them to be either right or wrong, then in such situations, the damages faced by the victim are properly investigated. Also they remain concusses to contact the courts for future contract breaching issues (Bailli, 2009). 3. Another fact unveiled by the case is that remedies are always available to control the situation (Bailli, 2009). 4. The cause of action: The attainment of a higher level contract breaches is widely linked by researchers to better and careful case analysis and court judgements (Harris, 2005). Coming from this case assumptions it becomes clear that the two parties who are doing some sort of business or commitments with each other should remain liable to their terms and conditions. The problem however is, the rate of contract breaching issues does not seem to be dropping since a decade. Not alone in USA but in almost all other countrie s of the world the cases of contract breaches have been reported in large number. There are many reasons that account to low level of professionalism and fulfilling of commitment, leading to tremendous contract breaches and actions taken (Harris, 2005). 5. Court decision: Court decisions can be summarised in the following quotes; ââ¬Å"A criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crimeâ⬠. (Harris, 2005) ââ¬Å" In the course of his judgment Lord Woolf made some interesting observations on a matter which had not been the subject of argument either in the Court of Appeal or before the Vice-Chancellor. The point arose out of the amendments made to the statement of claim in the course of the proceedings in the Court of Appealâ⬠. (Glanvill, 1967). 6. Analys is of the decision: We can analyse from the decision that the courts these days strongly need to follow the rules and regulations. It is also the duty of every individual to be liable to the terms settled during a specific contract. Maintainance of trust is not something that can be attained by knowledge or study. By being called to something that someone may not be ready for the two partiesââ¬â¢ inner commitment and courage (Millett, 1998). 7. Conclusion: Law of relativity is somewhat belonging to the current case situation. This means that nothing is good or bad until we make it good or bad with our actions. For instance, if
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