Today, the summer solstice, The Equitable Remedy is now available on Amazon.com from Barry Zalma & the Insurance Claims Library
Termination is a just remedy that was first created in the ecclesiastical courts of Elizabethan England.
When the United States was created in 1776, the founders were anxious to protect their rights under British common law.
Common law is a form of law developed by judges through tribunals and court decisions rather than executive branch and legislative statutes.
In accordance with customary law tradition, legal principles were referred to fair courts to “mitigate the severity” of customary law.
The new United States adopted British common law as law when the US Constitution was adopted in 1789. British common law was modified only by the restrictions imposed by the Constitution on the central government.
Profitability and the ability to enforce contracts were recognized as crucial to trade. Courts, in accordance with British Common Law, were accused of enforcing legitimate contracts and handing down monetary judgments against the party who violated the contract.
However, it was clear that certain contractual disputes could not be resolved by monetary judgment. Rather, it needed the help of just courts whose judges during the Elizabethan era were led by priests who were considered better able to render just judgments.
The term “justice” is associated with notions of justice, morality and justice. It is an ethical jurisdiction. On a more legalistic level, however, “justice” is the branch of law administered in the Court of Chancery before the acts of 1873 and 1875.
This was a jurisdiction developed to achieve justice and to overcome the rigor and shortcomings of common law. Although the application of conscience permeates this aspect of the law, justice never gave the Chancery Court unrestricted jurisdiction to do what was just in resolving a dispute. By embodying aspects of ecclesiastical law and Roman law, justice developed and gradually emerged as a distinct body of law.
It was not until 1875 that justice was practiced in the ordinary courts. The existence of a dual system meant that, for example, when a defendant had a reasonable defense against a customary action, he would have to apply to the Court of Chancery for an injunction to suspend the proceedings in common law. He would then initiate a new action for relief in the Chancellery Court. Meeting the duality remained until the acts that created the Supreme Court and made it possible for all courts to exercise both a common law and a fair jurisdiction.
The comparative courts were accused of, among other things, protecting contracting parties from mistakes, fraud, misleading information and secrecy where no damages were involved. It was the duty of the courts of justice to achieve a result that was fair to all parties to the agreement. The founders of the United States and the British common law concluded that justice required that it would not be fair to enforce a contract based on mistake, fraud, misrepresentation or concealment.
A fair court is a court that can apply reasonable remedies to disputes. These courts operate within the legal system, but rather than focusing on the application of law, they look at cases and determine outcomes based on justice. They are found in many regions of the world. In modern use in the United States, courts of law have jurisdiction over both legal and equitable remedies.
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Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
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