uses his or her property in a manner that unreasonably interferes with other’s right to use or enjoy their own property can be liable for the tort of nuisance. Pursuant to the equitable maxim that `He who comes into equity must come with clean hands‚’ the so-called `clean hands’ doctrine‚ the complainant seeking equitable relief must not himself have been guilty of any inequitable or wrongful conduct with respect to the transaction or subject matter sued on (Richards v. Musselman‚ 1980). A court
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Introduction By English land law is meant the land law of England and Wales‚ two of the four parts of the United Kingdom of Great Britain and Northern Ireland‚ the other two parts being Scotland and Northern Ireland. England and Wales use the same land law‚ and Northern Ireland (like the Irish Republic) also uses English land law‚ but subject to the legislation of its own Parliament. There is‚ therefore‚ no such thing as British land law. The English Land law can only be explained by an elaborate
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that part payment of debt is not good consideration to forgo the balance. Thus the creditor may sue for the remaining debt unless there is fresh consideration. Promissory estoppel like proprietary estoppel is popular types of equitable estoppel. The importance of equitable estoppel was stated in Crabb V. Arun DC (1976) 1 Ch 179 that “equity comes in........ to mitigate the rigours of strict law.......... it prevents a person from insisting on his strict legal rights.... when it would be inequitable
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INTRODUCTION The law of delict is a branch of private law falling under the law of obligations. It deals with civil wrongs as opposed to criminal wrongs. The essential purpose of the law of delict is to afford a civil remedy‚ usually by way of compensation‚ for wrongful conduct that has caused harm to others. A delict is the breach of a general duty imposed by law which will ground an action for damages at the suit of any person to whom the duty was owed and who has suffered harm in consequence of
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CH. 1: INTRODUCTION TO LAW AND LEGAL REASONING Law – provides stability‚ predictability‚ and continuity. LAW IS AN (1. SET OF RULES) that (2. COURTS WILL ENFORCE)—and AMERICA’S FIRST LAW SYSTEM USED IS COMMON LAW/ ANGLO-AMERICAN COMMON LAW DEAN’S LIST 1. CONSTITUTION (+ CHARTERS) 2. STATUTES (+ ORDINANCES) 3. TREATIES 4. CASE LAW / PRECEDENTS / STARE DECISES 5. EXECUTIVE ORDERS 6. ADMINISTRATIVE RULES + REGULATIONS 7. CONTRACTS 8. INITIATIVE (+ RECALL) 9. REFERENDUM 10. COMMON LAW
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at hand. This happens even today. If there is something for the court to adjudicate‚ but no guiding precedent or statute to guide how the case is to be decided‚ the judge (perhaps through a jury) creates a new precedent based on what is fair and equitable. This is a very common sense legal doctrine. A system of jurisprudence supplementing and serving to modify the rigor of common law. History of the common law Common law originally developed under the inquisitorial system in England from judicial
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FE1 EQUITY & TRUSTS NIGHT BEFORE NOTES 8 Key Topics for Revision • • • • • • • • Maxims Injunctions‚ particularly Interlocutory Quia Timet Injunctions and Anton Piller Orders Rescission Secret Trusts Charitable Trusts Resulting Trusts Trusteeship Tracing 1. MAXIMS This topic is usually examined as one part of a three part question‚ where candidates have to attempt two parts. It has always been a straightforward essay style question. In some years‚ the Examiner asked about their contemporary relevance
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Chapter 1 Law and Legal Reasoning N.B.: TYPE indicates that a question is new‚ modified‚ or unchanged‚ as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. Laws and government regulations affect almost all business activities. ANSWER: T PAGES: Section 1 TYPE: N BUSPROG: Analytic AICPA: BB-Legal 2. The U.S. Constitution
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Krystal Graham “Occupy Wall Street” Business Ethics Professor: Steven Curry “Occupy Wall Street” The “Occupy Wall Street” movement has become a big deal since it began in the fall of 2011. This movement was inspired by international protests‚ with thousands arriving in New York City answering the call‚ soon spreading to well over 500 cities. I would like to discuss more of the details of the movement‚ the moral and economic implications‚ as well as the different ethics theories to see
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QUESTION: Examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor. AUTHOR: KATALILO JOY INTRODUCTION This paper will examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor. The common man views land as the ground composed
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