Question 1 | | 1 / 1 point | Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. | True | | False | View Feedback | | Correct. | Question 2 | | 1 / 1 point | The doctrine ofstare decisis obligates judges to follow precedents established within their jurisdictions. | True | | False | View Feedback | | Correct. | Question 3 | | 1 / 1 point | Common law develops from rules of law announced in court
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Natural Law – denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the us of their natural intelligence‚ or reason. Positive Law – Or national law (the written law of a given society at a particular point in time)‚ applies only to the citizens of that nation or society. Legal Realism – the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. Constitutional Law – The
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regards to knowing receipt‚ knowing assistance‚ legatees‚ mutual wills‚ nominees‚ overreaching‚ overriding‚ perpetuities‚ powers‚ precatory trusts‚ probate‚ protective and quistclose trusts‚ settlors‚ succession‚ testators‚ trusteeship‚ equitable remedies‚ the equitable maxims‚ and the Vandervell legislation? If not our equity and trusts law experts are ready to assist you on all equity and trusts law modules found on the LLB with any equity essays or trusts essays you may have. Equity and Trusts
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substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance: Minor Breach 4) Specific performance is the most common remedy for a breach of contract. Answer: FALSE Diff: 1 Topic: Substantial Performance: Minor Breach 5) A material breach allows the other party to rescind a contract. Answer: TRUE Diff: 1 Topic: Inferior Performance: Material Breach 6)
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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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decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer vested title * This is a rare exception
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Appeal in Harris v Digital Pulse Pty Ltd (‘Harris’).[25] In breach of their contractual and fiduciary duties of loyalty‚ the defendants diverted projects away from the plaintiff‚ their employer. The trial judge found the defendants liable to pay equitable compensation or‚ at the election of the plaintiff‚ to account for profits. In addition‚ the trial judge made an award of exemplary damages against the defendants for their breach of fiduciary duty. By majority (Spigelman CJ and Heydon JA)‚ the Court
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the court should apply the doctrine of equitable estoppel‚ which can make promises binding when they would normally not be. However‚ Lord Denning refused to apply the doctrine‚ on the grounds that the Rees had taken unfair advantage of the builders’ financial difficulties‚ and therefore had not come with “clean hands”. 2. Where the equities are equal‚ the first in time shall prevail * This maxim operates where there are two or more competing equitable interests; when two equities are equal
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Equity Definition of Equity The term ‘Equity’ is used in various senses‚ out of many the main four senses in which the term is used are: - 1. Literal senses 2. general senses 3. roman senses 4. English senses. 1. Literal senses:- Its sole aim may be to do justice to the parties in a case characterized by a configuration of facts unlikely ever to be repeated in reality in the same or similar way. The literal meaning given to equity is “right” as founded on the laws
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includes only the U.S. Constitution. FALSE Courts do not depart from precedents. False Courts often rely on the common law as a guide to interpreting legislation. True Criminal law focuses on duties that exist between persons. FALSE Damages is a remedy at law. True Deductive reasoning involves a main premise‚ a minor premise‚ and a conclusion.
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