“Clean Hands” Doctrine
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Tort Reform and Jury Instructions Charles W
University of Tulsa College of Law TU Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 2015 Tort Reform and Jury Instructions Charles W. Adams University of Tulsa College of Law Follow this and additional works at: http://digitalcommons.law.utulsa.edu/fac_pub Part of the Civil Procedure Commons, and the Torts Commons This article originally appeared at volume 86, page 821 of the Oklahoma Bar Journal. Recommended Citation 86 Okla. B.J. 821 (2015). This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Articles, Chapters in Books and Other Contributions to Scholarly Works by an authorized administrator of TU Law Digital Commons. For more information, please contact [email protected]. SCHOLARLY ARTICLE Tort Reform and Jury Instructions By Charles W. Adams his article discusses two recent statutes and the efforts of the Oklahoma Committee on Uniform Jury Instructions (Civil TOUJI Committee) to recommend uniform jury instructions based on these statutes to the Oklahoma Supreme Court. The first statute is Okla. Stat. Title 12, §577.4, which deals with an instruc- tion to juries that awards for damages for personal injuries and wrongful death that are nontaxable. The second statute is Okla. Stat. Title 23, §61.2, which imposes a $350,000 cap on noneconom- ic losses for personal injuries. The Civil OUJI Committee determined that of damages awards or either alternative for the both statutes raised possible constitutional $350,000 cap on noneconomic losses that the issues, and so, decided to flag these issues in its Civil OUJI Committee had proposed. -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
The Doctrine of Clean Hands
LITIGATION - CANADA AUTHORS "Clean up, clean up, everybody clean up": the Norm Emblem doctrine of clean hands December 06 2016 | Contributed by Dentons Introduction Origins Bethany McKoy Recent cases Comment Introduction On occasion, in response to a motion or claim by an adverse party seeking equitable relief, a party will argue that the relief sought should be denied on the basis that the moving party has not come to court with 'clean hands'. This update traces the origin of what is often referred to as the 'doctrine of clean hands' and examines recent cases where: l a moving party has been denied equitable relief on the basis that it came to court with unclean hands; and l such arguments did not defeat the moving party's claim. Origins The doctrine of clean hands originated in the English courts of chancery as a limit to a party's right to equitable relief, where the party had acted inequitably in respect of the matter. In the seminal case Toronto (City) v Polai,(1) the Ontario Court of Appeal provided some insight into the origins and purpose of the doctrine: "The maxim 'he who comes into equity must come with clean hands' which has been invoked mostly in cases between private litigants, requires a plaintiff seeking equitable relief to show that his past record in the transaction is clean: Overton v. Banister (1844), 3 Hare 503, 67 E.R. 479; Nail v. Punter (1832), 5 Sim. 555, 58 E.R. 447; Re Lush's Trust (1869), L.R. 4 Ch. App. 591. These cases present instances of the Court's refusal to grant relief to the plaintiff because of his wrongful conduct in the very matter which was the subject of the suit in equity."(2) Although the court declined to use the doctrine to dismiss the appellant's action for an injunction in that case, it did set the stage for the maxim's future use in Canadian courts. -
Elements of Negligence Under the Tort of Negligence, There Are Four Elements a Plaintiff Must Establish to Succeed in Holding a Defendant Liable
Elements of Negligence Under the tort of negligence, there are four elements a plaintiff must establish to succeed in holding a defendant liable. The Court of Appeals of Georgia outlined the elements for a prima facie case of negligence in Johnson v. American National Red Cross as follows: “(1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the conduct and the resulting injury; and (4) damage to the plaintiff.” Johnson, 569 S.E.2d 242, 247 (Ga. App. 2002). Under the first element, a legal duty to a standard of due care, the plaintiff must prove the defendant had a duty to conform to a standard of conduct for protection of the plaintiff against an unreasonable risk of injury. The duty of care will be determined by the applicable standard of care and several factors can heighten the standard of care depending upon the relationship between the parties, whether the plaintiff was foreseeable, the profession of the defendant, etc. For example, the Red Cross has a duty, when supplying blood donations to hospitals, to make its best efforts to ensure blood supplied is not tainted with any transferable viruses or diseases, such as an undetectable rare strain of HIV. A breach of the duty of care occurs when the defendant’s actions do not meet the required level of applicable standard of care due to the plaintiff. Whether a breach of the duty of the applicable standard of care occurs is a question for the trier of fact. -
Promissory Estoppel, the Civil Law, and the Mixed Jurisdiction
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1998 Comparative Law in Action: Promissory Estoppel, the Civil Law, and the Mixed Jurisdiction David V. Snyder Indiana University School of Law - Bloomington Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Civil Law Commons, and the Contracts Commons Recommended Citation Snyder, David V., "Comparative Law in Action: Promissory Estoppel, the Civil Law, and the Mixed Jurisdiction" (1998). Articles by Maurer Faculty. 2297. https://www.repository.law.indiana.edu/facpub/2297 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. COMPARATIVE LAW IN ACTION: PROMISSORY ESTOPPEL, THE CIVIL LAW, AND THE MIXED JURISDICTION David V. Snyder* "Touching estoppels, which is an excellent and curious kind of learning. .. I. PROMISSORY ESTOPPEL IN A MIXED JURISDICTION Promissory estoppel, a quintessential creature of the common law, is ordinarily thought to be unknown to the civil law. Arising at first through a surreptitious undercurrent of American case law, promissory estoppel was eventually rationalized in the Restatement of Contracts (Restatement)2 as a necessary adjunct to the bargain theory of consideration. The civil law, with its flexible notion of causa or cause, is free from the constraints of the consideration doctrine. The civil law should not need promissory estoppel. At least initially, the common law and the civil law would appear as disparate in this area as anywhere, and comparative lawyers would be confined to observations about two systems that never meet. -
Jerome Frank's Impact on American Law
Michigan Law Review Volume 84 Issue 4 Issues 4&5 1986 The Iconoclast as Reformer: Jerome Frank's Impact on American Law Matthew W. Frank University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, and the Legal Biography Commons Recommended Citation Matthew W. Frank, The Iconoclast as Reformer: Jerome Frank's Impact on American Law, 84 MICH. L. REV. 866 (1986). Available at: https://repository.law.umich.edu/mlr/vol84/iss4/29 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. 866 Michigan Law Review [Vol. 84:861 THE ICONOCLAST AS REFORMER: JEROME FRANK'S IMPACT ON AMERICAN LA w. By Robert Jerome Glennon. Ithaca: Cornell Uni versity Press. 1985. Pp. 252. $24.95. In the first half of this century, Jerome Frank achieved prominence as a corporate attorney, a legal realist, a New Deal administrator, and finally as a federal appellate court judge. A study of Frank's career does more than testify to the man's extraordinary breadth of interest, energy, and ability; it serves as a pane through which one may witness the enormous changes in law and legal theory from 1930 to 1957. In The Iconoclast as Reformer: Jerome Frank's Impact on American Law, Professor Robert Glennon 1 traces Frank's career and attempts to evaluate Frank's influence in these areas. -
Estoppel in Property Law Stewart E
Nebraska Law Review Volume 77 | Issue 4 Article 8 1998 Estoppel in Property Law Stewart E. Sterk Benjamin N. Cardozo School of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Stewart E. Sterk, Estoppel in Property Law, 77 Neb. L. Rev. (1998) Available at: https://digitalcommons.unl.edu/nlr/vol77/iss4/8 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Stewart E. Sterk* Estoppel in Property Law TABLE OF CONTENTS I. Introduction .......................................... 756 II. Land Transfers ....................................... 759 A. Inadequate Writings .............................. 760 B. Oral "Agreements". ............................... 764 III. Servitudes by Estoppel ................................ 769 A. Representations by Sellers or Developers .......... 769 B. Representations by Neighbors ..................... 776 C. The Restatement .................................. 784 IV. Termination of Servitudes ............................. 784 V. Boundary Disputes .................................... 788 A. Estoppel Against a True Owner .................... 788 1. By the True Owner's Representations .......... 788 2. By Physical Barriers and Improvements Without Representations ............................... 791 B. Estoppel to Claim Adverse Possession -
The Right of a Defaulting Vendee to the Restitution of Instalments Paid
YALE LAW JOURNAL VOL XL. l\'l.A.Y, 1931 No.7 THE RIGHT OF A D~~FAITLTING VENDEE TO THE RESTITUTION OF INSTALl\fENTS PAID THE question whether a vendee of land, ,vho defaults after hav ing ,paid one or more instalments of the price, can maintain an action for the recovery of any part of such instalments, is but a subordinate part of a larger problem. When can any contractor who is himself in default get judgment for compensation for a part performance rendered by 11im? It is a question of vital import to building contractors, sellers and buyers of goods, em ployees who have quit service or have been discharged for cause, as well as to vendees of land. In all these cases alike, there are conflict and inconsistency and differences of opinion as to what public policy and the general welfare require. The position of the defaulting vendee, however, has generally not been consci ously related to the other types of cases. In order to reconcile decisions, to eliminate actual conflict in the future, and to construct a consistent system of law, it is necessary to give more definite consideration to the equitable rules against the enforcement of penalties and forfeitures. If a contractor has committed a total breach of his contract, hav ing rendered no performance whatever thereunder, no penalty or forfeiture will be enforced against him; he will be required to do no more than to make the injured party whole by paying full compensatory damages. In like manner, a contractor who com mits a breach after he has rendered part performance must also make the injured party whole by payment of full compensatory damages. -
Equity in the American Courts and in the World Court: Does the End Justify the Means?
EQUITY IN THE AMERICAN COURTS AND IN THE WORLD COURT: DOES THE END JUSTIFY THE MEANS? I. INTRODUCTION Equity, as a legal concept, has enjoyed sustained acceptance by lawyers throughout history. It has been present in the law of ancient civilizations' and continues to exist in modem legal systems.2 But equity is no longer a concept confined exclusively to local or national adjudication. Today, equity shows itself to be a vital part of international law.' The International Court of Justice--"the most visible, and perhaps hegemonic, tribunal in the sphere of public international law" 4-has made a significant contribution to the delimitation,5 development of equity. Particularly in cases involving maritime 6 equity has frequently been applied by the Court to adjudicate disputes. Equity is prominent in national legal systems and has become increas- ingly important in international law. It is useful, perhaps essential, for the international lawyer to have a proper understanding of it. Yet the meaning of equity remains elusive. "A lawyer asked to define 'equity' will not have an easy time of it; the defimition of equity, let alone the term's application in the field of international law, is notoriously uncertain, though its use is rife."7 Through a comparative analysis, this note seeks to provide a more precise understanding of the legal concept of equity as it relates to two distinct systems oflaw: the American and the international. To compare the equity administered by the American courts with that administered by the World Court, this note 1. See sources cited infra notes 10, 22. -
ERISA Fiduciaries Cross-Dress Legal Remedies As Equitable
Liberty University Law Review Volume 3 Issue 1 Article 6 March 2009 Not-So-Equitable Liens: ERISA Fiduciaries Cross-Dress Legal Remedies as Equitable Brandon S. Osterbind Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation Osterbind, Brandon S. (2009) "Not-So-Equitable Liens: ERISA Fiduciaries Cross-Dress Legal Remedies as Equitable," Liberty University Law Review: Vol. 3 : Iss. 1 , Article 6. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol3/iss1/6 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. COMMENT NOT-SO-EQUITABLE LIENS: ERISA FIDUCIARIES CROSS-DRESS LEGAL REMEDIES AS EQUITABLE Brandon S. Osterbindt I. INTRODUCTION The Supreme Court of the United States has the unfortunate role of finding the law' and determining what it is.2 While this may seem to be a simple and intuitive task, interpreting the Employee Retirement Income Security Act (ERISA) 3 inevitably results in a "descent into a Serbonian bog wherein judges are forced to don logical blinders and split ' the linguistic atom to decide even the most routine cases. The average personal injury plaintiff does not appreciate the nature of the litigation' that results in the achievement of the plaintiff's ultimate goal: t Brandon S. Osterbind graduated from Liberty University School of Law in May 2008 and is a judicial clerk to the Honorable William G. Petty of the Court of Appeals of Virginia. -
Mauritius's Constitution of 1968 with Amendments Through 2016
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Mauritius's Constitution of 1968 with Amendments through 2016 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents CHAPTER I: THE STATE AND THE CONSTITUTION . 7 1. The State . 7 2. Constitution is supreme law . 7 CHAPTER II: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL . 7 3. Fundamental rights and freedoms of the individual . 7 4. Protection of right to life . 7 5. Protection of right to personal liberty . 8 6. Protection from slavery and forced labour . 10 7. Protection from inhuman treatment . 11 8. Protection from deprivation of property . 11 9. Protection for privacy of home and other property . 14 10. Provisions to secure protection of law . 15 11. Protection of freedom of conscience . 17 12. Protection of freedom of expression . 17 13. Protection of freedom of assembly and association . 18 14. Protection of freedom to establish schools . 18 15. Protection of freedom of movement . 19 16. Protection from discrimination . 20 17. Enforcement of protective provisions . 21 17A. Payment or retiring allowances to Members . 22 18. Derogations from fundamental rights and freedoms under emergency powers . 22 19. Interpretation and savings . 23 CHAPTER III: CITIZENSHIP . 25 20. Persons who became citizens on 12 March 1968 . 25 21. Persons entitled to be registered as citizens . 25 22. Persons born in Mauritius after 11 March 1968 . 26 23. Persons born outside Mauritius after 11 March 1968 . -
Pupillage: What to Expect
PUPILLAGE: WHAT TO EXPECT WHAT IS IT? Pupillage is the Work-based Learning Component of becoming a barrister. It is a 12- 18 month practical training period which follows completion of the Bar Course. It is akin to an apprenticeship, in which you put into practise everything you have learned in your vocational studies whilst under the supervision of an experienced barrister. Almost all pupillages are found in sets of barristers’ chambers. However, there are a handful of pupillages at the ‘employed bar’, which involves being employed and working as a barrister in-house for a company, firm, charity or public agency, such as the Crown Prosecution Service. STRUCTURE Regardless of where you undertake your pupillage, the training is typically broken down into two (sometimes three) distinct parts or ‘sixes’. First Six First six is the informal name given to the first six months of pupillage. It is often referred to as the non-practising stage as you are not yet practising as a barrister in your own right. The majority of your time in first six will be spent attending court and conferences with your pupil supervisor, who will be an experienced barrister from your chambers. In a busy criminal set, you will be in court almost every day (unlike your peers in commercial chambers). In addition to attending court, you will assist your supervisor with preparation for court which may include conducting legal research and drafting documents such as advices, applications or skeleton arguments (a written document provided to the court in advance of a hearing). During first six you will be required to attend a compulsory advocacy training course with your Inn of Court.