Indefeasibility * The conclusiveness of the register & bars ’retrospective investigation of title’ aimed to achieve security and simplicity in matters of title to land * Protection of purchaser – they are ‘paramount from unregistered interests’ but still are bound by registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered‚ which
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MGMT520 Midterm Exam Study Guide YOU MAY WANT TO PRINT THIS GUIDE. 1. The midterm exam is "open book‚ open notes." The maximum time you can spend in the exam is 2 hours‚ 30 minutes. If you have not clicked the Submit For Grade button by then‚ you will be automatically exited from the exam. In the midterm exam environment‚ the Windows clipboard is disabled‚ and so you will not be able to copy exam questions or answers to or from other applications. 2. You should click the Save Answers button in
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of Kauai. Matthews’s decision affects the entire island because his decision will have a major impact on Kauai’s real estate world as well as the landscape and traffic flow on the island. Sometimes people can become greedy or impatient and Unconscionability rears its ugly head. In a web-based article dating back to 2005‚ The Court of Appeal has dismissed a bid by four trust beneficiaries to recover properties taken over by their trustees more than 10 years ago. This article spotlighted The Patels
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Part A Settlement for the transfer of Bernie’s land to Clara is scheduled for September; thus‚ as of August‚ Clara is not the registered proprietor and only has an equitable interest in the land by virtue of the concluded contract for sale. Albert should be advised that if the ‘easement agreement’ between him and Bernie is registered before Clara becomes the registered proprietor‚ then her title to the land will be subject to the ‘easement’ and she will not be authorised to build the proposed fence
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Queen Mary University of London 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
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TRANSAMERICA OIL CORPORATION‚ Plaintiff-Appellee‚ v. LYNES‚ INC. and Baker International Corporation‚ Defendants-Appellants No. 81-1505 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT 723 F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 Procedural History: The previous holding of this case was appeal from the United States District Court for the District of Kansas. Transamerica‚ who conducts oil and gas drilling‚ solicited Lynes about their advertisement regarding
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Absence of Consideration 1. Mutual Mistake: 1) basic assumption; 2) material effect; 3) party seeking avoidance did not assume the risk. 2. Duress: 1) economic; 2) no reasonable alternative; 3. Ambiguity: consider awareness of ambiguity 4. Unconscionability: unfair surprise‚ oppressive terms 5. Nondisclosure: concealment and fiduciary like relationship 6. Misrepresentation: false statement before the contract that induces it. Requirements: 1) promise 2) undertaking or commitment
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CHAPTER 1: REMEDIES FOR BREACH OF CONTRACT THE GOALS OF CONTRACT DAMAGES Case name | Facts | Issue | Holding | Reasoning | Expectation | | | | | Hawkins v. McGee1 | P sues D surgeon for breach of warranty of operation success – “I guarantee to make a 100% perfect hand.” | Was there a K and a breach? Were damages appropriate? | There was a K and a breach. Damages measure should have been expectation damages. | Purpose of damages is to put P in as good a position as he would have
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Task A Issue The main issue that needs to be addressed here is whether there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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