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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to refrain from specific acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
[3]: 471 Bray has noted that, among other problems, the current practice could lead to "conflicting injunctions," a situation where multiple parties bring suit, one court orders a defendant not to apply a statute or regulation against anyone, and another court orders the same defendant to ignore the first injunction or to continue to implement ...
A federal judge finalized an injunction against the Kansas Highway Patrol detailing how troopers must comply with an order on unreasonable searches. A federal judge finalized an injunction against ...
Boomer v. Atlantic Cement Co., [1] was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The case was one of the first and most influential instances of a court applying permanent damages.
The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 1975 case Mareva Compania Naviera SA v International Bulkcarriers SA, [2] although the first recorded instance of such an order in English jurisprudence was Nippon Yusen Kaisha v Karageorgis, [3] decided one ...