Equity Law Essays

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Equity Law

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Equitys Not So Clean Hands Law Essays

By Tarrek Naji Historically equity does not punish, and further more it is not a punitive jurisdiction. Punitive damages are ones which punish and...

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Dispositions To The Will Law Essays

Tom, who died earlier this year, made the following dispositions in his will: (i) “£7,500 to further the purposes of the Glarryford Glee Club

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Facts Of Zeital One Are Complicated

It was held on appeal that the deceased’s action did not pass the shares to his partner and were in fact incapable of transferring beneficial ...

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Trust Is An Entity Of Equity

Introduction The trust is an entity of equity. It has been explained as “the concept case of equity’s meddling with ordinary law rights in ...

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Co Parcenary The System Law Essays

Formation of Mitakshara coparcenary - A single person cannot form a coparcenary. There should be at least two male members to constitute it.

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Tests For Certainty Of Objects In The Law Of Trusts

The nineteenth century case of Knight v Knight famously provides that, in order to be valid, a private express trust must demonstrate the so-called ‘three certainties’

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The Differences Between Common Law And Equitable

Equity, according to Maitland, “is now that body of rules administered by our … courts of justice which, were it not for the operation of the ...

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International Banking And Liable Court Cases

The parties in the case: A bank called Bigbank, a company called Alpha (incorporated in Ruritania), a company called coma, a bank called ...

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Execute The Estate Efficiently

In relation to 'Mountain View' , Penny intended to give the holiday cottage as a gift to Ben Beano, this is a gift and not a trust. The ...

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Case Comment Harsha Nitin Kokate Law Essays

The Bombay High Court in its recent decision has held that a nominee shall be entitled to the shares of a deceased shareholder instead his legal...

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Probate Case Law Essays

The Probate Office has therefore been able to confirm that: i.  The gross figure of £210,000 shown on the Grant represents the threshold...

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Four Cases Of Judge Sumner

John Andrew Hamilton, Viscount Sumner (1859-1934), regarded as one of the greatest of English Judges , Lord Sumner has known in large qualities ...

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Equity Will Not Aid A Volunteer Law Essays

'Let no one speak of the law’s delays if one of the most deeply rooted tenets of equity can crumble in the space of two years!'

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The Hindu Succession Act

INTRODUCTION The term Hindu Undivided Family has not been defined under the Income Tax Act? It is defined under the Hindu Law as a family that ...

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Equity Functions Law Essays

The creation of equity was necessary in order to make the fixed and rigid common law, more flexible and fair. In ancient England, at certain...

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Classic Requirements For A Valid Trust

‘An express trust will not be validly created unless the ‘three certainties’ are present. These classic requirements for a valid trust were ...

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Mcphail V Doulton

In order to allocate property according to the testator’s wishes, equity recognises both a trust and a power of appointment.

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Convicted Of An Offence Law Essays

Assault, along with Battery are common law offences. When Charlie threw a stone at this ex-girlfriend, he intended to frighten her, this would...

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The Context Of Equitable Remedies

Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity ...

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True Purpose Of Enforcing Secret Trust Law Equity Essay

Through my research I have identified some main issues and they are introduction of the topic, what is secret trust, types and purpose ...

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Equity Is That Specific Body Law Essays

circumstances where the conduct of the defendant is unconscionable'. Development of equity is attributed to the shortcomings of common law...

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Equity Is A Separate System Of Law Law Essays

Above statement clearly emphasize the fact that the equity is a separate system of law and it also moderate the common law and helps to soft the common law.

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The Importance Of The Law Of Trusts

The law of trusts has often been referred to as one of the most important and enduring creations of the Court of Chancery, the court responsible fo...

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Historical Development Of Trust Modern Property

In order to understand modern property law, one needs to have a basic knowledge of the law of trusts and an outline of the events in the past. The ...

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Family Provisions Moral Dutyclaim Law Essays

The idea of freedom of testation is a relatively short-lived and flawed notion that as holders of property rights, such freedom to do with this...

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Certainty Of Intention To Create A Trust

This essay will advise Edward, Susanna, Tebbs and Tomlin of their legal position in respect of the facts of the case. In doing so, it will ...

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Contributions Of Equity And Trust In Australia

Australia’s non-statutory laws are divided into two facets – Equity and Common Law. The Common Law primarily protects the rights of citizen ...

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Disposition Of Property On Death Is A Very Complex Issue

Two peculiar types of wills are relevant to our case, the first one being the mirror will, the other is known in equity as a joint will, both are m...

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Concept Of Unconscionably Basis For Estoppel

Introduction. The concept of unconscionably as a basis for estoppel is a fairly recent concept adopted by the courts. While the courts of Chancery ...

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Equity Dates Law Essays

A brief historical account of the development of equity is necessary to understand how it came to be so integrated in today’s legal system...

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A Trustee Will Be Liable For Breach Of Trust

Hence, in determining whether Sue has caused any lost to the trust, we must first identify whether the terms of the trust have been breached. And ...

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Advise To Beneficiaries

Alex died two years ago. His validly executed will left his collection of paintings and £300,000 to Paul and Irvin to hold on trust for "such of my grandsons, Harry, Richard and Steven, as they reach 21, and if more than one, in equal shares".

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Certainty Of Intention In An Express Trust

In order to advise Tim on what will happen to the shares, the holiday cottage and the paintings, it is necessary to establish whether Julie ...

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To Alice She Wrote Law Essays

In Knight v. Knight [1840], Lord Langdale MR declared that three certainties were needed to establish a valid trust, that is, certainty of words or...

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Explanation Of Express And Non Express Trusts

Mr Gardner describes trust as ‘a situation in which property is vested in someone (a trustee), who is under an obligation to handle it in ...

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