LST2BSL Common Law Assignment Word count 844 Question one A The issue is it’s unclear whether Jessie is making an offer to sell or an offer simply as a gift as they have been friends for 15 years. In order to determine if a valid offer has been made application of the objective test would be applied1. Would a reasonable person in these circumstances believe there to be a valid offer and what is the relative importance of the statement to each party2? Jessie’s
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School of Law LAW OF PROPERTY II EQUITY & TRUSTS Syllabus The nature of equity and the trust Express trusts o Certainty of intention‚ subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing Lecture - Course Documents 2009-10 1 Queen Mary University of London School of Law LAW OF PROPERTY
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make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law‚ which
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AFRICA (CUEA) FACULTY OF LAW THIRD YEAR 1ST SEMESTER BACHELOR OF LAWS JANUARY- APRIL 2013 COURSE TITLE: LAND LAW 1 COURSE CODE: CLS 300 BY: WILSON MAROTSE MULEI LLM (London)‚ LLB (Moi)‚ Dip. Law (KSL) Attorney at Law‚ EAC COURSE OUTLINE INTRODUCTION Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I deals with foundations of property law and Land Law II deals with Proprietary Rights and transactions. Land Law I is devoted to the teaching
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In the past‚ English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed‚ the Prescription Act 1832 legislatively entrenched prescription‚ and in particular‚ prescriptive easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners The basis of prescription is that if long enjoyment of a lawful
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The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people‚ or even natural phenomena‚ usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example‚ the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive‚ of course
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a judge‚ will most likely apply the statute. A state constitution is supreme within the state’s borders. True A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. TRUE A substantive law creates or defines legal rights and obligations. True As a judge‚ Jay applies common law rules. These rules develop from
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COMMERCIAL TENANCY LAW IN AUSTRALIA AJ BRADBROOK CE CROFT BUTTERWORTHS (1990) [1.04] the doubt which has been created results from a series of English decisions given in the course of the 1950s and 1960s. In 1952 Denning LJ (as he then was)‚ expressed the view that the test of exclusive possession was by no means decisive: Errington v Errington [1952] 1 All ER 149 at 297; [1952] 1 KB 290. His Lordship said that the difference between a tenancy and
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Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main elements
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are four main sources of Irish law: 1) The Constitution 2) EU law 3) Statute law (including statutory instruments) 4) Common Law & case law precedent. 1) Constitution - see www.constitution.ie for text and some official publications 2) EU law - see www.europa.eu (I’m not sure if that is the exact text but you can google) for EU laws 3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie 4) Case law & precents - see text books on Irish law or go to www.courts.ie and the
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