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In Middle English literature, beautiful women should have small breasts that are round like an apple or a pear. Breast symmetry may be particularly sensitive to developmental disturbances and the symmetry differences for breasts are large compared to other body parts. Women who have more symmetrical breasts tend to have more children. Classical Persian literature, paintings, and miniatures portrayed traits such as long black curly hair, a small mouth, long arched eyebrows, large almond shaped eyes, a small nose, and beauty spots as being beautiful for women. In computer face averaging tests, women with averaged faces have been shown to be considered more attractive.

The tricky part of this topic is to determine which mistakes provide a basis for remedial action, because the tests formulated by the courts are virtually devoid of content. In considering the fact situation of your question, be sure you distinguish mistake from assumption of risk. If the mistake involves a writing, be sure to consider reformation as a remedy. The significant fact is the underlying agreement; the relevant mistake is the incorporation of that agreement into a document. The remedy then is to reform the writing to conform to that underlying agreement.

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Transfers to bona fide purchaser [§1319] Unlike the usual rule as to voidable contracts, a purchaser who acquires property previously sold by a minor takes subject to the minor’s power of disaffirmance in most states. This comes close to the “estoppel” approach discussed below. Criticism However, the rule is criticized as forcing the defendant to the choice of either asserting the Statute of Frauds as a defense and thereby risking recovery above the contract ceiling, or abandoning the protection of the Statute altogether. Recovery [§1242] While some jurisdictions limit recovery to the contract rate, most jurisdictions 350 permit the employee to recover for the value of her work even if it exceeds the contract price.

Type of proof It is usually sufficient if the plaintiff shows that due to the injury she was prevented from seeking employment, and that positions were available for persons of her background and ability. Civil Rights [§733] Statutes designed to recognize and protect civil rights sometimes prescribe remedies. Instructors [§724] Teachers with “tenure” have obvious remedies based on breach of the employment contract. On the other hand, a nontenured teacher is not regarded as having any legitimate expectation of continued employment, and hence has no right to a hearing on the question of why her contract was not renewed at the end of the term. Student Admissions [§719] Unless there is a failure to apply statutory standards or unconstitutional discrimination, courts are unwilling to review the administration of admission practices based on scholastic or academic standards.

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Without a “property” interest, or any claimed breach of trust or confidence, the traditional basis for equitable jurisdiction is lacking. Quasi-contract [§601] Quasi-contractual measure of recovery is possible—i.e., to recover the value of what was “misappropriated” by the defendant. Prejudgment interest and attorneys’ fees [§566] Most courts treat claims for damages for infringement of trade secrets as unliquidated and deny prejudgment interest on the amount ultimately awarded. Attorneys’ fees are sometimes awarded in trade secret cases, but the rule borrowed from the patent cases limits them to “exceptional cases” (i.e., bad faith). Criticism The broker was the agent of the seller, not the buyer, and the “diversion of benefit” was from the seller, to whom a fiduciary duty was owed, and therefore the remedy for unjust enrichment belongs to the seller, not the buyer.

Modification has also been permitted in land sale contracts with a clause setting forth the parties’ agreement to exclude the remedy of specific performance. Specific performance of contract for sale of land within state §189 If the court has jurisdiction over the property and the defendant, it may order specific performance of the contract. Lacking personal jurisdiction, statutes allow the plaintiff to proceed quasi in rem. In developed western societies, women tend to be judged for their physical appearance over their other qualities and the pressure to engage in beauty work is much higher for women than men. Beauty work is defined as various beauty “practices individuals perform on themselves or others to elicit certain benefits from a specific social hierarchy.” Being “beautiful” has individual, social and institutional rewards. Even in areas that men also face pressure to perform beauty work, such as haircuts/styling, the prices discrepancy for products and services are skewed.

The study believes this accuracy to be subjective to the eye of the beholder. Recent results from the Wisconsin Longitudinal Study confirmed the positive link between psychological well-being and attractiveness and also found the complementary negative association with distress/depression. Even though connections and confounds with other variables could not be excluded, the effects of attractiveness in this study were the same size as the ones for other demographic variables.

Because the contract called for the conveyance of land in exchange for Benny’s personal services and Whiteacre, specific performance is a proper remedy. The purchaser’s remedy at law for breach of a land sale contract is considered inadequate because of the uniqueness of land. Thus, unless Alice has some defense to the suit, the equitable remedy should be granted.

Insolvency of the defendant satisfies this requirement—i.e., a showing that any money judgment obtained against defendant would not be paid. Meaning of “benefit” [§234] “Benefit” means some advantage and includes the receipt of tangible or intangible property or services, the satisfaction of obligations owed by defendant, or the saving of expense. Comment In addition to the jury trial problem, the availability of class actions in modern law may eliminate the multiple-party, potentially vexatious legal actions that gave rise to this form of bill of peace. Also, the statutory declaratory judgment accomplishes the same purpose. Laches and the statute of limitations [§165] Even if there is a statute of limitations expressly applicable to equity suits, and that statute has not run, laches may still bar plaintiff’s suit before the expiration of the statutory period. Feasibility of relief [§127] The equitable remedy sought must be effective and enforceable.