difference between common intention constructive trusts and proprietary estoppel has been described as ‘illusory’ (Hayton). Do you agree with this statement? Consider how the case law has developed and give reasons for your answer. In his article ‘Equitable Rights of Cohabitees’ Hayton suggested that the distinction between common intention constructive trusts and proprietary estoppel has‚ over time‚ come to be but illusory and goes on further to propose that since the general direction of the development
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Chapter 1 Introduction to 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
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Name: ________________________ Worksheet.Chapter 1 True/False ____ ____ ____ ____ ____ ____ ____ ____ ____ 1. A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional. 2. The U.S. Constitution is the supreme law of the United States. 3. Each state has its own constitution. 4. Equity is a branch of unwritten law that seeks to award damages in most cases. 5. A plaintiff is a person against whom a lawsuit is brought. 6. A decision on a given issue by a court is not
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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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Seminar 9 – Remedies for Breach of Contract Reading: George Shenoy and Loo Wee Ling (eds)‚ Principles of Singapore Business Law (“PSBL”)‚ (Cengage 2013)‚ Chapter 18. We will concentrate in class mainly on Damages. Note that PSBL chapter 18 addresses the topics in a different order from this Outline; we will in general follow the order of the Outline Note: References below to Poole are to Jill Poole‚ Casebook on Contract Law (10th ed‚ 2010)‚ which is available at Course Reserve in the
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and provided remedies where‚ at law‚ they were either inadequate or non-existent.’[1] Common law is ‘the unwritten law derived from the traditional law of England as developed by judicial precedence‚ interpretation‚ expansion and modification.’[2] The complete fusion of these jurisdictions has not yet occurred. The two “streams” of jurisdiction have merged in some areas as the law has developed‚ but are technically still separate. This essay will prove this claim using the equitable doctrines of
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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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TUTORIAL 1.Compare and contrast civil legal system and common legal system Legal system is a legal framework which relates to the rules set by the government of a state to the citizen. DIFFERENCES | CIVIL LEGAL SYSTEM | COMMON LEGAL SYSTEM | Origins | -Arbitrary (berubah2)- origin in Roman law‚as codified in the Corpus Juris Civilis of Justinian‚ and as subsequently developedmainly in Continental Europe | -Evolutionary-the legal tradition‚ which evolved in England from the 11thCentury onwards
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Describe and account for the historical development of equity and consider (think about) the contemporary (existing) significance (implication) of equitable principles. In Roman mythology‚ Aequitas‚ also known as Aecetia‚ was the goddess of fair trade and honest merchants. Like Abundantia‚ she is depicted with a cornucopia‚ representing wealth from commerce. She is also shown holding a balance‚ representing equity and fairness. Aequitas is the source of the word equity‚ and also means "equality"
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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