Variation and rescission

Question 1

What is the general rule irt to variations?

Answer 1

Once the court is functus officio, it may not alter or vary its judgment in any manner.

Question 2

What are the exceptional circumstances where the original court may alter its judgment?

Answer 2

1. Correction of errors in a judgment
2. Rescission or cancellation of a judgment.

Question 3

When is the court not functus officio?

Answer 3

Interloctutory order and therefore has greater latitude to vary or set aside.

Question 4

When does wilful default exist?

Answer 4

1. Defendant has knowledge that the action is being brought against him
2. Defendant deliberately refrains from entering an appearance to defend
3. Defendant has a certain mental attitude to the consequences of the default

Question 5

What are the reasons an order of the court may be regarded as void?

Answer 5

1. Where the order was obtained against a party who had not been legally cited before the court
2. Where the case was conducted on behalf of a party without a proper mandate
3. Court lacked jurisdiction

Question 6

How is a jugment abandoned?

Answer 6

Ito HCR rule 41(2), by giving notice.

Question 7

What is interest?

Answer 7

An amount of money calculated as a percentage of the original debt.

Question 8

What is the in duplum rule?

Answer 8

Interest may not exceed the capital amount.