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Classifying Remedies And Who To Sue Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Classifying Remedies And Who To Sue document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

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CLASSIFYING REMEDIES a) Compensatory remedies - compensate C for loss

? e.g. damages - if D fails to pay, various enforcement methods
? C usually gets costs too (not part of damages) b) Coercive remedies - prevent harm occurring/re-occurring

? injunction
? Specialised orders e.g. specific performance of a contract
? Failure to obey order is contempt of court ? fine and/or prison and/or sequestration of assets c) Declaratory remedies - interpret documents ad resolve disputes about parties' rights

? declaration i. preventative - resolve before parties take steps based on (false) view of matter ii. indirectly 'coercive' - declaration puts parties on notice of legal interpretation of matter; if parties act contrary to that interpretation ? compensation + possible injunction d) Exemplary or punitive remedies - punish offending party for deliberate/grave acts

? order for exemplary/punitive damages - penalise D via civil (rather than criminal) litigation Legal remedies - e.g. damages Equitable remedies - e.g. injunction, specific performance - only awarded if legal remedy inadequate

WHO TO SUE LEGAL PERSONALITY - determine legal status of both C and D

? Individuals - same/different legal status?
? Groups1. determine if

o trust o corporation o unincorporated association2.

o a. any limits on capacity?
o b. who can bind the group i.e. how do rules of agency apply to type of legal status?
Trust

? Determine roles of settlor, trustees, beneficiaries e.g. if acting for trust, is action in trustees' power / in line with terms of trust?

Corporation - legal person separate from its members

? Formed by:Royal CharterStatuteunder Companies Acts as private/public company

? Who has legal authority to act on behalf of corporation?
Unincorporated associations - no legal personality separate from members ? 1 member liable for acts of another

? trade unions / employers' associations
? (proprietary / members') clubs
? partnerships BUSINESS ASSOCIATIONS - incorporation for trade purposes

? sole trader - individual trades in own name
? partnership - 'the relation which subsists between persons carrying on a business in common with a view of profit' (s1(1) Partnership Act 1980)

? company - registered under Companies Act 2006 (into force 1 Oct 2009; incorporated/restated CA 1985 and codified case law) Formation Sole Traders

? no formalities to set up
? personality of trader indistinguishable in law from individual (except for accounting purposes re: personal assets and assets owned by business)

? business debts unlimited liability of sole trader Partnerships

? no formalities to form, but must satisfy s1(1) Partnership Act 1980 and be lawful business
? Limited Liability Partnerships Act 2000 (IF 6 April 2001)
? limited liability partnershipscf formalities for company - law for partnerships does NOT apply / law for companies DOESliability of partnership unlimited / liability of individual partners limited to obligation to contribute to assets on winding up

o + limited liability o - obligatory disclosure of info

Companies

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