Get Mi Meap Application 2015-2025

A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.

An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.

The Declaratory Judgment Act offers a unique mechanism by which advocates may seek to remedy ongoing violations of statutory or constitutional provisions. 1 The Act may authorize broad-based declaratory and injunctive relief without resort to class action procedures.

A Declaratory Ruling is a decision of the DEEP Commissioner regarding the validity of a regulation or the applicability of a provision of a statute, a regulation, or a final decision to specific circumstances on a matter within DEEP jurisdiction.

To sue for breach of contract, you must be able to show: Prove that there was a contract in existence – It would need to be proven that a legally binding contract was in place and that it had been breached.

The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.

CONTRACTUAL CLAIMS In other words, in a magistrate's court matter based on contract, the material facts are that a contract was concluded (which is divided into the material fact of the offer and the material fact of the acceptance) and that its terms were breached.

If a contract does not contain a jurisdiction clause the general rule, traditionally, is that the jurisdiction will be the place where the contract was formed, that is to say, from where the acceptance of an offer is communicated.

Declaratory judgment and injunction Order (Injunctive Relief) are different in nature but same in purpose. The effects and outcomes may be varying according to situation and requirements. The judgment doesn't award the remedies but the injunctive relief awards the remedies on the temporary or permanent base.