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Doctrine of election in equity is :-As Snell puts it , " Equity fastens on the conscience of a person who is put to election and refuses to allow him to take the benefit of a disposition contained in the will, the validity of which is not in question, except on certain conditions"
This position is expressed as " One cannot both approbate and reprobate; benefits and burdens go together; one cannot both blow hot and cold in same breath; and that one cannot have a cake and eat it too".
e.g if A by will or deed gives X property belonging to B, and by the same instrument gives other property belonging to him (A) to B, equity will hold B to be entitled to the gift made to him by A.... only if B RENOUNCES HIS OWN property in favour of X. B has two courses open to him.
He may
1. take under the instrument, in which case X will take B's property and B will take property given to him by A
2. Take against the instrument, in which case, B will lose the gift made to him by A. Now X will suffer through B's election to keep his own property.
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What is doctrine of equity in received law?
what is doctrine of equity
How does equity view the doctrine of Jus accrescendi?
Equity may uphold or override the doctrine of Jus accrescendi depending on the specific circumstances of a case. Equity seeks to ensure fairness and prevent unjust enrichment, so it may choose to apply or modify the doctrine to achieve a just outcome.
What is the doctrine of equity in received law?
The doctrine of equity in the received law refers to the principles of fairness and justice that supplement strict legal rules. It allows courts to consider individual circumstances and provide remedies that are not available through common law. This doctrine aims to prevent injustice and ensure a fair resolution of disputes.
How did the Freeport Doctrine affect the 1860 Presidential election?
The Freeport Doctrine affected the outcome of the election of 1860 in many ways. When it was initially created, many citizens liked it and agreed, but not the Southerners. They disagreed and did not like the Doctrine, which cost Douglas, the creator, his potential presidency.
Doctrine of equity by virtue evolution describe as a child circumstance.how valid is the above statement?
The statement suggests that the doctrine of equity has evolved over time to adapt and respond to changing circumstances, much like a child grows and matures in different environments. This comparison is valid as equity principles have indeed developed to address new social, economic, and legal challenges as they arise, aiming to achieve fairness and justice in an ever-changing society.
What has the author George Serrell written?
George Serrell has written: 'The equitable doctrine of election'
What is doctrine of equity?
The doctrine of equity refers to a set of legal principles that aim to achieve fairness and justice in the application of law, particularly in cases where strict adherence to legal rules would result in an unjust outcome. Originating in the English legal system, equity provides remedies such as injunctions, specific performance, and equitable estoppel, which are not available under common law. It emphasizes moral principles and the intentions of parties, allowing courts to consider the unique circumstances of each case. Ultimately, the doctrine of equity seeks to ensure that justice is served, even when traditional legal rules may fall short.
What does the doctrine of equity provide in legal proceedings?
The doctrine of equity provides a set of principles that aim to achieve fairness and justice in legal proceedings. It allows judges to consider individual circumstances and apply discretion to ensure a just outcome, especially when strict application of the law may lead to unfair results.
Review the discussion of the doctrine of election of remedies. What are some of the advantages and disadvantages of this doctrine?
The doctrine of election of remedies allows a party to choose a specific legal remedy to address a single harm. Advantages include providing flexibility to choose the most favorable remedy and avoiding double recovery. Disadvantages may arise when a party's choice limits their ability to pursue additional remedies or when the chosen remedy proves inadequate.
What is infralapsarianism?
The belief that God has chosen some people to be saved even before the Fall of Adam & Eve. It has something to do with the Doctrine of Election.
Freeport Doctrine?
Doctrine developed by Stephen Douglas that said the exclusion of slavery in a territory could be determined by the refusal of the voters to enact any laws that would protect slave property. It was unpopular with Southerners, and thus cost him the election.
What has the author Lawrence Fogg written?
Lawrence Fogg has written: 'God's infinite grace in election and impartial equity in preterition vindicated: ... By Lawrence Fogg, ..'
