Equity Law Essays
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Three Certainties to Form a Trust
Example essay. Last modified: September 22, 2021
In English law it is said that a trust places one of the most powerful obligations on the trustee and as a consequence, its responsibilities ……
Equity New Rights
Example essay. Last modified: August 7, 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…’…
The Importance of the Law of Trusts
Example essay. Last modified: June 14, 2019
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……
Equity is a Separate System of Law
Example essay. Last modified: December 3, 2020
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….
History of Indian Womens’ Right to Property
Example essay. Last modified: August 14, 2019
The legal reforms have not been adequate to give all Indian women a right to property on the same terms as male – Do you agree with the ……
Exemplary Damages Known as Punitive Damages
Example essay. Last modified: August 7, 2019
INTRODUCTION The critic will be considering on doctrine of exemplary damages also known as punitive damages by critically evaluating ……
Testate Succession and Intestate Succession
Example essay. Last modified: August 26, 2021
The existence of the twin regimes of testate and intestate succession may reflect the wealth of a deceased person – those who have a lot to leave will generally prepare carefully for how it is to pass and to whom (as in the case of Williamson v Williamson) while those with not very much will allow it to pass to their partners and children in general with no actual preference….
Extrinsic Evidence
Example essay. Last modified: August 8, 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……
Hindu Undivided Family Hindu law
Example essay. Last modified: August 6, 2019
Introduction The term 'Hindu undivided family' has not been defined in the Income Tax Act. 'Hindu undivided family' was included with ……
Examining the Intricacies of Sham Trusts
Example essay. Last modified: June 14, 2019
Interpretation of trusts has been a highly discussed topic for many years. Numerous court cases have focused on deciding whether an established tru……
Validity of Trusts in Regards to a Will
Example essay. Last modified: August 8, 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….
The Historical Development of Equity Law
Example essay. Last modified: September 21, 2021
The historical development of equity law and understanding that equitable principles are distinctive from but not necessarily incompatible with those of common law….
Creation of a Trust
Example essay. Last modified: September 22, 2021
A trust can come into existence in any manner, by an instrument in writing, by a unilateral declaration, by operation of law and also by oral declaration….
Fiduciary Relationships and Constructive Trusts
Example essay. Last modified: August 14, 2019
For the purpose of imposing **a constructive trust**, which of the following relationships will be treated as **fiduciary relationships**?…
Granting an Equitable Allowance to the Defendant
Example essay. Last modified: August 7, 2019
I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping ……
Certainty of Intention to Create a Trust
Example essay. Last modified: August 8, 2019
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 ……
The Disclosure of Trust Documents
Example essay. Last modified: August 14, 2019
The law has criticised and differentiate the approach, based on whether trust document should be disclosed to beneficiaries. There has been ……
McPhail v Doulton (1971) AC 424
Example essay. Last modified: August 7, 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….
Four Cases of Judge Sumner
Example essay. Last modified: August 8, 2019
John Andrew Hamilton, Viscount Sumner (1859-1934), regarded as one of the greatest of English Judges , Lord Sumner has known in large qualities ……
Advise Juliet, Mercutio, Romeo and Tybalt
Example essay. Last modified: August 7, 2019
In order to establish whether the different elements of Romeos estate have been adequately disposed of, the question of certainty must be assessed…
The Facts of Zeital One are Complicated
Example essay. Last modified: August 14, 2019
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 ……
Notion of Corrective Justice
Example essay. Last modified: August 7, 2019
It will be determined whether the notion of corrective justice has been undermined by a desire to secure compensation for innocent victims ……
The Future of Equity and Law as Separate Jurisprudential
Example essay. Last modified: August 8, 2019
Introduction Under Australian law, the existing non-statutory law has been divided into equity and common law….
Earl of Oxford Case: Conflict between Common Law and Equity
Example essay. Last modified: September 30, 2021
The Earl of Oxford’s case of 1615 occupies a rather unique position in the development of the English legal system….
Armchair Doctrine Interpretation of Wills
Example essay. Last modified: August 6, 2019
THE APPLICATION OF THE 'ARM CHAIR DOCTRINE' FOR THE INTERPRETATION OF WILLS This section incorporates what is known as the armchair rule. This ……
Tangible and Intangible Property Management
Example essay. Last modified: August 14, 2019
A trust is a relationship whereby one person for the benefit of another manages property, including tangible and intangible. A trust is created ……
Advise to Beneficiaries
Example essay. Last modified: August 7, 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"….
Certainty of Intention in an Express Trust
Example essay. Last modified: August 6, 2019
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 ……
The extent to which law must give way to equity
Example essay. Last modified: August 6, 2019
Are arguments for allowing fully secret and half secret trusts sufficiently cogent to justify the circumvention of the objectives of the Wills Act 1837?…
Conceptual and Evidential Certainty in Trusts
Example essay. Last modified: September 22, 2021
Conceptual certainty is required to administer fixed and discretionary trusts but when it comes to evidential certainty there is a difference between the types of trust….
Disposition of Property on Death Has Always Been a Very Complex Issue
Example essay. Last modified: August 7, 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……
The Law of Inheritance in Bengal
Example essay. Last modified: August 8, 2019
The Dayabhaga System Introduction The law of inheritance and successions in India finds its statutory roots in the Hindu Succession Act, 1956. The ……
Equity is a Body of Rules
Example essay. Last modified: August 12, 2019
As discussed above it is clear that equity is a body of rules which was developed to supplement the shortcomings of the common law, some of which……
Gifts that have been made in contemplation
Example essay. Last modified: August 6, 2019
The position in relation to Agatha is relatively straight forward. She has made several gifts that may be contrary to her will; however, we have ……
A Trust Is an Obligation Which Binds a Person
Example essay. Last modified: August 14, 2019
A trust is an obligation which binds a person (or persons) to deal with property for the benefit of beneficiaries or for a charitable purpose in ac……
Founder, History of Native Customary Law in Sabah and Sarawak
Example essay. Last modified: August 20, 2019
Customary law is the law of the local people as developed and handed down from time immemorial. A local word which is quite……
Wills, Intestacy, Trusts, and Their Importance
Example essay. Last modified: May 31, 2019
Any business organization offering services or products to its customer faces various legal issues and ……
Trustee and Investment and the Trustees Acts
Example essay. Last modified: August 6, 2019
The 2000 Act tried to remedy some of the deficiencies of the 1961 Act, so that investment of trust property will be less cumbersome….
Conveyancer and Property Lawyer Case
Example essay. Last modified: August 6, 2019
Jonathan Garton Subject: Equity. Other related subjects: Company law. Trusts Keywords: Constructive trusts; Equity; Execution; Gifts; Share……
Examples of Property Law and Trust Cases
Example essay. Last modified: August 12, 2019
One should assume that the trust instrument requires the house to be kept as capital and only the income to be applied for the benefit of beneficiaries….
Secret Trusts and The Wills Act
Example essay. Last modified: September 30, 2021
Under the Wills Act 1837, last wishes should be made in writing, signed by the testator and witnessed by two people. However, the Secret Trust is an exception….
Dear Alice, I hereby declare the trust for you
Example essay. Last modified: August 6, 2019
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……
Differences Between Common Law and Equity
Example essay. Last modified: September 21, 2021
Common law and equitable rights have two different functions. We look at the differences between common law and equitable rights….
Justification for Secret and Half Trusts
Example essay. Last modified: August 14, 2019
This paper will examine this justification by considering the problems that it causes and whether or not the disadvantages outweigh the benefits….
Equitable Remedies Prevent or Redress Harm
Example essay. Last modified: August 7, 2019
Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of ……
Establishing Certainty of Objects in Trusts
Example essay. Last modified: September 21, 2021
This essay will argue that tests deployed by courts to establish certainty of objects in both fixed and discretionary trusts has functioned well….
Historical Development of Trust Modern Property
Example essay. Last modified: August 7, 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 ……
Concept of Unconscionably Basis for Estoppel
Example essay. Last modified: November 23, 2020
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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