[Note: Numbers in brackets refer to the printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However‚ the law defines property as rights among people that concern things. § 1.02 Property
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Topic 5: Torrens Title Intro reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security General Register of deeds difficult to search General Register does not fix any defect Under Torrens Title indefeasibility of title started with Robert Torrens in SA NSW started 1963 Since then all grants under Torrens Title At conveyance of old property transferred to Torrens US
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Corporation – A separate legal entity that has an existence at law that is separable from those who form it. It is a separate legal entity in the sense that it has an existence at law‚ but no material existence. * It is separate and distinct from its shareholders * A properly authorized agent may bind the corporation in contract with third parties. * Shareholders possess limited liability for the debts of the corporation‚ and creditors may look only to the assets of the corporation to
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INTERESTS Fee interest – ownership of both the surface and mineral rights in fee simple absolute. Surface interest – rights of land ownership that remain after mineral interest is severed. Subject to an implied easement of surface use by the mineral interest owner. Surface interest has rights to many substances (ground water) and to many uses (geologic formations for storage of natural gas) Mineral interest – fee simple ownership of OG under tract; separate estate Exclusive right
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deals with certain doctrines having their Origin in the Common Law of England‚ some totally alien to the Indian Concepts. The Transfer of Property Act 1882‚ was amended substantially in 1929. The student must lend much attention to the doctrines enshrined in the Act. An. attempt is made to present the subject with as much lucidity as possible. Case law is given its due place. No attempt is made either to exhaustively deal with the subject or to intensively probe into each doctrine. Wherever it is found
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required to have a financial interest in the subject matter of contract ❖ The object is to protect the insured against loss and their identity is know before the event ❖ Full disclosure on the part of both parties is required under the doctrine of utmost good faith ❖ In most cases payment is made only by the way of indemnity (example : for a loss which has been incurred) ❖ The contract is enforceable at law Wagering contract are : ❖ The interest are limited to the stake
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At Will Contract And Acknowledgement Form‚" which expressly stated in part: "I understand and agree that my employment is AT WILL and that either KXPR/KXJZ or I may terminate the employment relationship at any time‚ with or without cause or advance notice. I understand further that only the Board of Directors‚ by affirmative action‚ has the authority to change or make any agreement contrary to this at-will employment relationship." Three days alter plaintiff signed the agreement‚ his supervisor‚ Corriveau
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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GRADE: 76% Nice discussion of how the company might work with the employee through progressive discipline‚ and of how just cause dismissal could be implemented at the end of this process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson indicates (in the study guide) that employers can lawfully terminate employment in three ways: just cause‚ non-culpable dismissal‚ and mutual consent‚ therefore‚ it would have been better to discuss non-culpable dismissal
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DOCTRINE OF CONSTRUCTIVE RECEIPT WHO DOES IT APPLY TO? CASH BASIS – YES ACCRUAL - NO MRS. X HAS A SAVINGS ACCOUNT WITH PNC BANK. DURING THE TAX YEAR 2014 SHE DOES NOT WITHDRAW ANY MONEY. ON JANUARY 31‚ 2015 SHE RECEIVES A FORM 1099-INT FROM THE BANK INDICATING $300 OF INTEREST WAS CREDITED TO HER SAVINGS ACCOUNT DURING 2014. DOES SHE HAVE INTEREST INCOME FOR 2014 EVEN THOUGH SHE NEVER WITHDREW THE INTEREST? YES – DOCTRINE OF CONSTRUCTIVE RECEIPT DON’T NEED DOCTRINE OF CONSTRUCTIVE RECEIPT
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