Remedies are the solutions that are given on the problems arising. In law these remedies or solutions are usually given by the judges after listening to both sides of the case presented before the court of law. Restitutions are the compensations that one gates after certain damage has been proved by the court of law.
These differ according to the damages presented. Here also the case is presented before the court of law and the judges again give order on the type of compensation depending on the extent of the damage. A contract is an agreement between two or more people or parties.If it contains a valid legal agreement it’s then enforced by law.
Equity is a set of legal principles in jurisdiction following the common law tradition. While on the other hand, trust is a relationship where property is managed by one person for the benefit of another. The trustee holds legal title to the trust property. Tort law addresses and provides remedies for civil wrong doing.
When one experiences legal damage may use tort law to get compensation from the person responsible for the damage (Schouler 2009, 252). In the scenario given the legal issues for contract, equity and trusts and tort that are evident include the following:There is a contract between Anna Burton and Nick Hudson. They agree to lease and develop Huckleberry Meadow. They agree to do this by constructing an out of town shopping center.
Anna is the owner of the land and Nick is a business man who came up with the idea. (corym 2009, 178). Nick Hudson and Wesley Mathew show equity and trust in there agreement. Mathew the planning officer of Foxbrough and in the contract he agrees to give permission to Nick to develop Huckleberry Meadow.
While there will be objections from the high street trader, Wesley has assured Nick they will all agree in the end.To this end, Nick has sounded out a number of the businesses in the town himself and Mathew trusts that he will indeed develop Huckleberry Meadow through the construction of an out of town shopping center. A firm of solicitors called Howard Duval and the Thetford properties make a contract to see that the development of Huckleberry Meadow. This will be done by the advice they will give towards Huckleberry Meadow development.
They in turn have charged a firm of estate agents called Liverwort Properties with finding leaseholders for the thirty four retail spaces which will be available in the new shopping centre.Thus also develop equity and trust. Paul Duval and Nick Hudson create equity and trust. Nick has to trust Paul when he promises him up to eighty percent retain tenants by the time the center opens.
This was possible after Paul making a five million pound available for Nick to be able to ensure that this happens. Equity and trust is evident between Toby Lloyd and Wrights. Toby trusts that by the existence of Wright’s organic food store by his side he will be able to make good sales they will be his customers too. There exist equity and trust between Toby Lloyd, Wrights organic food store and the Huckleberry Meadow Shopping Centre.
They all believe the existence of each of the would be of benefit to all of them in one way or the other. There will be a cycle of the sale of there goods and services. There is a contract between Toby and Thetford properties. He was persuaded to invest two hundred thousand pounds and by doing so he is assured to have secured a five percent share holding in the company.
Toby and Nick were contemporaries at school. This therefore means that there is the element of trust. This is so because they were together at school thus know each other well enough to trust each other in matters of properties and business.Anna has made a contract with Welsey the Foxborough planning authority.
She was having a negotiation with them but finally accepted to contribute one million pounds. There is also the element of equity and trust as it was Mathew who told her that the planning permission for Huckleberry Meadow would only be granted if these funds were made available and that is when she finally accepted to contribute the fund. Equity and trust exists between Anna Burton and family. Huckleberry Meadow is land that belongs to the family.
They trusted that by Anna being responsible for the land she would put in good use thus will not disappoint them.That is why we see Anna being keen to realise the full value of her land. Equity and trust is seen between Toby Lloyd and Nick Hudson and Hank Lomax. They were in the same school and they therefore know a lot about each other and they can come together and discuss business with a lot of ease.
The three business men bring out feel that there is a possibility of unlawful act by the construction of Huckleberry Meadow, they might have been compensated because of this displacement, this bring out the element of tort. Further there was mistrust between the owners of the construction and the existing street traders.This was however settled when the street traders were given five million pounds by Howard Duval on behalf of Thetford properties and they were satisfied. The environmentalist, Arthur Cox, feels that it was wrong for the construction to be done because he would be displaced.
The element of trust and equity is clearly brought out in this section because those that feel that they are not favoured by the equal treatment are given alternatives. The funds that are given to those that feel mistreated shows that the owner of the construction was trustworthy in finding funds for them.Arthur was given forty thousand pounds and he lost interest in Huckleberry Meadow because he was satisfied. Tort is evident when Isaac Hatchet who owns a butcher was convinced that if the development of Huckleberry went ahead his butcher shop would be ruined.
Damages were bound to occur. To make him fill compensated, Paul Duval gave him two hundred thousand pound in exchange for his shop. He was satisfied with that and he went and bought a house in Kent and moved out of that place. Vernon Hatchet is the brother to Isaac.
He too was displaced and given a compensation of one hundred and thirty thousand pounds to vacate the place. his contract was between Paul Duval and Vernon Hatchet. In the same case again got involved in a contract with Phoenix Drugs a pharmaceutical company. This is where he invested his money by buying shares.
A contract between Vernon and Hank Lomax is evident. When shares that Vernon had bought from Phoenix Drugs dropped he decides to sell them to hank for only fifty thousand pounds only. Simone Dupree was satisfied by a donation of thirty thousand pounds towards the refurbishment of her shoe shop by Howard Duval on behalf of Thetford Properties.This is to show that the contract was of success to both parties as we see the satisfaction of the parties.
Columbia gets into a contract with Nick Hudson. This happens because Columbia wanted to construct a second petrol station close to the shopping center but they were not allowed to do so. Nick had to ask the local estate agents that involved the services of Liverwort’s to find a better place for Columbia to construct their second petrol station. This was also done along side ensuring that the construction of Huckleberry Meadow was not interfered with in any way whatsoever.
The Orchard a property owned by Rachel Mathews attracted the Columbia petroleum. They wanted to buy the land so that they can construct their second station. They are able to get the land at fifty thousand pounds. They also had a contract with the Thetford Properties by buying forty percent of their shares for four million pounds as part of the deal of the area.
The Huckleberry development in the end does not succeed. There is therefore a breach of contract between Anna and Nick with Mathew the planning officer of Foxbough.This happens because permission was not granted for the construction of the out of town shopping center but was instead granted to The Orchard development. The Orchard was developed because it was granted permission by the planning officer of Foxbrough.
This was so as it was discovered later that Rachel the owner of the Orchard was the sister f Mathews the planning officer. There was trust and equity because they knew each other so well and that is why they were able to agree very first. Their agreement was also based on personal interest as they were related by blood.Mistrust was evident to the other investors who had contracts with the planning officer of Foxbrough.
We further see that notice that Rachel got married to Paul Duval, one of the partners in Howard Duval and a shareholder in Liverwort Properties. This also explains why the Orchard development succeeded though it came later than the Huckleberry Meadow development. One of the large corporations was also involve in the breach of contract with Foxbough. This is where we see the Columbia Petroleum plan for constructing a second station in the orchard failing.
This made the corporate to look like fools in the public thus tarnishing there image.