Equitable Discretion in Determining Relief Case Study - 1

Equitable Discretion in Determining Relief - Case Study Example According to Lord Upjohn in Redland Bricks v Morris4 the grant of a mandatory injunction will depend upon the individual circumstances of a particular case; unlike a negative injunction, it can never be â€Å"as of course†. In the case of Charrington v Simons and Co5, Buckley J granted an injunction but suspended it for three years and in stating his reasons, he has highlighted the issue of fairness and justice to both parties in granting the remedy that was sought: The underlying issue of fairness and justice as the basis for determining the grant of a mandatory injunction was similarly elucidated in the case of Sheperd Homes v Sandham7 where Meggary J stated that relevant grounds would also include â€Å"the triviality of damage to the Plaintiff, and a â€Å"disproportion between the detriment that the injunction would inflict on the defendant and the benefit that it would confer on the plaintiff.† The stated goal, according to Meggary J was a â€Å"fair result† and this involved the â€Å"exercise of judicial discretion.†Ã‚   In the matter of an interlocutory injunction, the purpose behind the issue of such an injunction is to protect the rights of the parties until the time of final disposition of the case. The guiding principles of fairness and justice to both parties were laid out in the case of American Cyanid Co v Ethicon9, which is one of the most significant cases, since it overturned earlier criteria for assessing the merit of an interlocutory injunction, i.e, to examine the probabilities that a prima facie case had been established for the grant of a permanent injunction.  Ã‚  

The Explore Project Essay Example | Topics and Well Written Essays - 2000 words

The Explore Project - Essay Example Explore Worldwide Ltd. is an adventure tour company which was established in 1981. Explore is not just a market leader but it is the most popular adventure tourism company in the UK. Explore offers various torus packages such as short breaks, family adventures, cycle tours, tailor-made tours etc. Explore has organized 40,000 tours until now and offer 400 tours across 120 countries. As mentioned above the tourism industry is growing at a rapid rate and hence there is tremendous competition. Explore’s competitors are not just local and national but also international tourism companies. This is because of the niche that Explore has established over the years by organizing tours to international tourists and has been able to build a loyal customer base. This is evident from the fact that there has been an increase in the number of trips booked by same tourist groups. The various competitors of Explore in UK are Diamond Travel, Thomas Cook, Exodus, First Choice, The Adventure Company, etc. There are various international tourism companies that compete with Explore but they all can not be analyzed in general as the competition in international market is destination oriented. In the recent years adventure tourism has grown at a fast rate and is one of the primary categories in the tourism market. This has been supported by various researches. A study by National Geographic and TIA suggested that 20% of the total leisure market is occupied by active or adventure travel (Heyniger, 2006). It was revealed in 2001 (The Mintel Report) that 25% of total European tour packages were accounted by adventure torus. The study also found out that there were a total 443,000 adventure holidays per year. It is estimated by Travel Industry Association of America that the adventure tourism is growing at a rate of 10%. Various studies have thrown light on the fact that there is an increase in the number of women who are taking up adventure tourism