Law of Trusts and Equitable Remedies (11th Edition‚ 2001) pg.107‚ Sweet & Maxwell‚ London 8) Moss v Cooper 1861 1 John & H 352) cited in Moffat‚ G. Trusts Law - Text and Materials (3rd Edition‚ 2002) pg.114‚ Butterworths/LexisNexis. 9) Wills Act 1837 in Moffat‚ G. Trusts Law - Text and Materials (3rd Edition‚ 2002) pg.113‚ Butterworths/LexisNexis. 10) Blackwell v Blackwell 1929 AC 318 (HL) in Hayton‚ D. J. Hayton & Marshall Commentary and Cases on The Law of Trusts and Equitable Remedies (11th Edition
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society‚ and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. 2 Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant Perhaps the most universal of the maxims is the notion that the law favors those who exercise vigilance in pursuing their claims and disfavors those who rest
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Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss‚ with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example‚ in one area you could get away with stealing‚ in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until William’s
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however‚ enters injunctions for decrees directing someone either to act or to forbear from acting. Often this form of relief is in practical terms more valuable to the litigant. An additional distinction is the unavailability of a jury in equity. Equitable remedies can only be passed
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as if the maxim of your action were to become through your will a universal law of nature. Kant starts with the simple proposition that it is unfair for a person to do something that others don’t do‚ can’t do‚ or won’t do. If every individual refuses to do the some action which is good like refuse to pay tax‚ it does not fit into Universalist
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Year 12 Unit 1 Model Answers Question 1 (a) Outline what is meant by alternative dispute resolution and how it operates within the civil justice system – 14 marks The phrase alternative dispute resolution‚ also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights‚ therefore‚ if society is to operate effectively there must a way of ensuring that disputes between
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other person or persons‚ a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage‚ but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the
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EQUITY AND TRUSTS The statute does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree." Per Lord Macnaghten in William Brandt’s & Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454‚ 461 Discuss critically the above statement with regard to the Malaysian legal position. Before receiving his title deed‚ a person may obtain a loan from a financier by assigning the rights to the property to the financier. Similarly‚ a creditor may obtain a loan from a factor
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CATHOLIC UNIVERISTY OF EASTERN 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
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CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING I. SCHOOLS OF JURISPRUDENTIAL THOUGH a. Types of Schools of Jurisprudential Schools. 1. The Natural Law School A. Denotes a system of moral and ethical principles based on a person’s natural instinct and use of natural intelligence. i. Dates back to Greek Philosopher Aristotle (384-322 B.C.) distinguished between natural law and laws governing a nation. 2. The Positivist School A. Positive Law-National and written
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