What does the legal term sui generis mean?

What does the legal term sui generis mean?

(soo-ee jen-ris) Latin for of its own kind, and used to describe a form of legal protection that exists outside typical legal protections — that is, something that is unique or different.

What is a legal claim called?

In a law dictionary, a claimant refers to an individual responsible for filing a claim. It can also refer to an individual “claiming” damages. In personal injury law, the claimant is the injury victim. The claimant will also act as the plaintiff if the case goes to trial.

What does the legal term laches mean?

The doctrine of laches is based on the maxim that “equity aids the vigilant and not those who slumber on their rights.” (Black’s Law Dictionary). The outcome is that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party.

What is the meaning of laches?

(ˈlætʃɪz ) law. negligence or unreasonable delay in pursuing a legal remedy.

What is the meaning of slackness?

adjective. not tight, taut, firm, or tense; loose: a slack rope. negligent; careless; remiss: slack proofreading. slow, sluggish, or indolent: He is slack in answering letters.

When can laches be used?

As stated above, a laches defense is only applicable when a plaintiff seeks an equitable remedy as opposed to monetary relief. There are three types of claims that a laches defense usually apply to: specific performance, contract rescission, and contract reformation.

What is difference between limitation and laches?

Difference between Laches and Limitation On the one hand, Limitation Act is merely concerned with the time that has passed i.e. the delay and on the other hand, ‘laches’ is not only concerned with the time that has passed i.e. delay but is also concerned with the reasonableness of that delay.

How do you prove laches?

In order to prove laches, the defendant must prove that: the plaintiff’s delay in filing the lawsuit was unreasonable; and the delay resulted in prejudice or negative effects upon the defendant.

What is laches and estoppel?

Laches and estoppel refers to the denial of a claim that hasn’t been acted on in a timely manner. Called, estoppel by laches, some courts will deny someone the right to make a claim because they took too long or were negligent. They may be denied coverage through estoppel by laches.

What does estoppel mean?

Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person’s words or actions.

What is unclean hands in legal terms?

An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party’s claim.

What is the meaning of specific performance?

Specific performance means fulfilling a promise made under a contract as agreed. In India, most of the specific performance suits relate to sales of immoveable properties and to some extent transfer of shares. In a suit for specific performance, plaintiff must approach Court with clean hands .

What is an example of specific performance?

A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate.

What is a decree of specific performance?

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property.

What are the elements of specific performance?

Specific performance elements are court-ordered performances of contractual obligations….Some evidence that will help your case:

• A valid contract on hand signed by all parties.
• Demonstration of breach of the contract in whole or in part.
• The defending party has no affirmative defenses for its actions.

Can I be sued for specific performance?

When Can Sellers Sue for Specific Performance? While sellers can sue for specific performance against a buyer over a failure to perform on a real estate contract, the remedy is rarely applicable and even more rarely sought. The seller is then free to market the property and enter into a contract with a new buyer.

What is an order of specific performance?

Specific performance: general nature A decree of specific performance is one of the most important equitable remedies. It is a court order directed to someone who is party to a contract to instruct them to perform their obligations under the contract. Refusal to observe the terms of the order is a contempt of court.

How do you defend against specific performance?

Mistakes and misrepresentations in the terms of a contract might constitute a defense against specific performance. If such mistakes are sufficient to justify RESCISSION of a contract, they are sufficient to prevent the enforcement of the contract. A court will enforce only a contract with definite and certain terms.

How do you use specific performance?

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

How do you prove specific performance?

The court set out the elements required to state a claim for specific performance: “(1) a contract sufficiently definite and certain in its terms to be enforced [citations]; (2) that the contract was just and reasonable [citations]; (3) that the plaintiff has performed his side of the bargain; (4) that the promisor has …

What would trigger specific performance?

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law. Shreeve, 65 Ariz.

Can a seller sue a buyer for specific performance?

When a buyer defaults, a seller has the option to sue for specific performance. This is an equitable remedy and an alternative to collecting monetary damages. It is a claim that is pursued through litigation, and if it is granted, a court will order a buyer to go to closing on a home.

When can a buyer sue for specific performance?

Suing for Specific Performance as a Buyer The buyer is allowed to sue for specific performance if the seller refuses to move forward with her obligations under the agreed upon contract.

What is the difference between injunction and specific performance?

Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. An injunction is a remedy that prohibits a party from a particular act. The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something.

What are the four essentials of a valid contract?

A. Essential elements of a valid contract

• offer,
• acceptance,
• consideration,
• intention to create legal relations,
• legality and capacity,
• certainty.

What is an example of an injunction?

Courts often issue preliminary injunctions for the purpose of stopping action until such time as a hearing can be held to determine what the course of action should be. For example: Mary and Tom have lived in their home for more than 40 years, and have cultivated a lovely property, filled with mature shade trees.

What does duty to mitigate mean?

The duty of someone who was wronged to make reasonable efforts to limit the resulting harm. A duty to mitigate can apply to the victim of a tort or a breach of contract. Neglecting a duty to mitigate precludes the recovery of damages that could have been avoided through reasonable efforts. contracts.

What is an example of a mitigating circumstance?

For example, suppose Pete received $20 for knowingly driving a codefendant to a location where the latter made a drug deal. At sentencing for his conviction for transporting methamphetamine, Pete has a good argument that his small role in the criminal activity is a mitigating circumstance.

Is duty to mitigate a legal duty?

Personal injury plaintiffs in the state of California have a duty to mitigate the damages they suffered from their injuries. A plaintiff who has been injured in a non-obvious way, for example, may not be found to have failed their duty to mitigate if they do not seek medical care.

What is an example of mitigation of damages?

In TORT LAW mitigation of damages refers to conduct by the plaintiff that, although not constituting a civil wrong itself, may reduce the plaintiff’s recovery. For example, if the victim of an assault used provocative words prior to the assault, the words may mitigate the plaintiff’s damages.