Equitable Agreement Meaning

The Company shall have received copies of the Sun Northland Purchase Agreement, the Foothill Agreement, the Bank Withdrawal Agreement, the Assignment Agreement and the Equity Agreement, as well as any agreement entered into in this regard, duly signed by all parties and certified truthful, complete and accurate by the Company Secretary. John Norton Pomeroys A Treatise on Equity Jurisprudence: As Administered in the United States of America: Adapted for All the States and to the Union of Legal and Equitable Remedies Under the Reformed Procedure is generally regarded as an authoritative source of equitable remedies in the United States. just, just, just, impartial, impartial, impartial, dispassionate, objective means free of favor in relation to one side or the other. fairness implies an appropriate balance between conflicting interests. a fair decision implies only the exact observance of a standard of what is just and appropriate. a fair and equitable settlement of land claims implies a less stringent than just standard and generally suggests equal treatment of all parties involved. the fair distribution of property impartially emphasizes the absence of favour or prejudice. an impartial, impartial third party implies even more strongly the absence of any prejudice. Their unbiased opinion unabashedly suggests the freedom of the influence of strong feelings and often involves cold or even cold judgment.

a dispassionate summary of the goal emphasizes the tendency to view events or people as separate from oneself and one`s own interests or feelings. I cannot be objective about my own child The distinction appeared in England, where there were separate courts and tribunals. Following this model, some U.S. states have created chancery tribunals that deal only with just reparation. In other states, common law courts had the power to exercise jurisdiction over fairness. Today, separate registry courts have been largely abolished, as the same court that can shape an appeal has the power to prescribe a fair court. A fair remedy almost always occurs in the event of a breach of contract. A common form of fair remedy orders the cancellation of a contract that nullifies all conditions and obligations and brings both parties back to their pre-contractual position.

These often occur in contracts that involve ownership, as the personal value of the property to a party can often go beyond financial compensation. A court could order the sale of the property under the terms of the original contract or terminate the contract. Courts are sometimes reluctant to impose a fair remedy, especially a particular service. Indeed, fair remedies often require the courts to oversee the remedies to ensure that the defendant complies with the court order. However, the Supreme Court was prepared to promote fair remedies in certain areas of the law. Jurisdiction clauses that provide for an appropriate remedy often require that such cases include confirmation between the two parties that legal protection would not compensate for a breach of contract or that a breach would result in damage or irreparable breach, and recognition between the parties that a breach of contract could result in the offending party obtaining an injunction or other form of equity law. Legal protection requested. In CIGNA v.

Amara, 563 U.S. 421 (2011), the Supreme Court held that in the event of a violation of ERISA, the injured party may have the right to “obtain another reasonable equitable remedy” in addition to remedies. In der Rechtssache Montanile v. Bd. of Trs. of Nat`l Elevator Indus. Health Benefit Plan, 577 U.S. __ (2016), the Supreme Court limited the scope of fair remedies for violations of the ERSA. In Montanile, the Court held that a party seeking equitable relief under ERISA is limited to compensation generally available in the form of equity.

With respect to ERISA, equitable relief does not extend to a plaintiff who asserts a “lien on the defendant`s own property.” The offended party must also be found to be completely innocent in the dispute. Often referred to as the “clean hands” principle, it can be applied to deny a fair remedy if the offended party has not acted entirely in good faith or has unnecessarily delayed seeking a remedy. Fair conversion is a doctrine of real estate law according to which a buyer of real estate becomes at the time of signing a contract that obliges him to acquire the property at a later date. .