Equity Law Essays
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Contributions of Equity and Trust in Australia
Example essay. Last modified: 8th Aug 2019
Australia’s non-statutory laws are divided into two facets – Equity and Common Law. The Common Law primarily protects the rights of citizen ......
Battery Is an Intentional Unpermitted Act
Example essay. Last modified: 8th Aug 2019
To determine whether Paul is entitled to recover against Dina for assault, we first look into details on what actually amounts to assault ......
Validity of Trusts in Regards to a Will
Example essay. Last modified: 8th Aug 2019
The validity of these trusts as set out in John’s will require observing, as in order for a valid trust the three certainties must be met unless it can be perceived as a charitable trust....
Extrinsic Evidence
Example essay. Last modified: 8th Aug 2019
In order to give effect to the words used in the will and when meaning of these words and their application cannot be ascertained without knowing......
Exemplary Damages Known as Punitive Damages
Example essay. Last modified: 7th Aug 2019
INTRODUCTION The critic will be considering on doctrine of exemplary damages also known as punitive damages by critically evaluating ......
Equity New Rights
Example essay. Last modified: 7th Aug 2019
The origin of equity can be attributed to one established principle which reflects the true nature of equity; equity would not allow a ‘wrong to be without a remedy...’...
Historical Development of Trust Modern Property
Example essay. Last modified: 7th Aug 2019
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 ......
Certainty of Words Subject Matter and Objects
Example essay. Last modified: 7th Aug 2019
A trust will only come into existence if there is ‘certainty of words, certainty of subject matter and certainty of objects’ per Lord Langdale ......
The Differences Between Common Law and Equitable
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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 ......
Code of Civil Procedure
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Critically Analyse the Principle of Injunctions with Reference to the Code of Civil Procedure Black’s Law Dictionary defines injunction as ......
Notion of Corrective Justice
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It will be determined whether the notion of corrective justice has been undermined by a desire to secure compensation for innocent victims ......
McPhail v Doulton (1971) AC 424
Example essay. Last modified: 7th Aug 2019
This was an appeal to the House of Lords from an order of the Court of Appeal which affirmed in part the judgement of Goff J sitting at first instance....
Granting an Equitable Allowance to the Defendant
Example essay. Last modified: 7th Aug 2019
I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping ......
Equity Will Not Aid a Volunteer
Example essay. Last modified: 7th Aug 2019
'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!'...
Certainty of Objects for Discretionary Trusts
Example essay. Last modified: 7th Aug 2019
A fixed trust is one in which the interest and thus the share to be taken by the beneficiaries is specified in the trust instrument....
Advise Juliet, Mercutio, Romeo and Tybalt
Example essay. Last modified: 7th Aug 2019
In order to establish whether the different elements of Romeos estate have been adequately disposed of, the question of certainty must be assessed...
English Law Use Equity as a System of Law
Example essay. Last modified: 7th Aug 2019
Modern equity mainly comprised with substantive and procedural principles and they only allow the courts limited discretion. To understand equity......
The Special Wives Equity Predicament
Example essay. Last modified: 7th Aug 2019
The special wives equity has always been somewhat of a predicament in the law of contract, often debated about its relevance in society today ......
Equity Dates Back to the Works of Aristotle
Example essay. Last modified: 7th Aug 2019
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......
Equitable Remedies Prevent or Redress Harm
Example essay. Last modified: 7th Aug 2019
Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of ......
International Banking and Liable Court Cases
Example essay. Last modified: 7th Aug 2019
The parties in the case: A bank called Bigbank, a company called Alpha (incorporated in Ruritania), a company called coma, a bank called ......
The Case of Twinsectra
Example essay. Last modified: 7th Aug 2019
Introduction This essay looks at the case of Twinsectra, most particularly Lord Millet’s views as articulated in the obiter judgement of that ......
Disposition of Property on Death Has Always Been a Very Complex Issue
Example essay. Last modified: 7th Aug 2019
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......
Advise to Beneficiaries
Example essay. Last modified: 7th Aug 2019
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"....
Justification for Operation of a Constructive Trust
Example essay. Last modified: 7th Aug 2019
The circumstances in which there is agreement in an attempt to identify a single theoretical justification for the operation of a constructive trust....
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