Interoffice Legal Memorandum To: Supervising Attorney From: Date: November 8‚ 2007 Subject: Jane Smith Statement of Assignment You have asked me to research the likelihood of obtaining spousal support for Mrs. Smith given her 10 year marital status and eight year non-marital (cohabitation) status with her current husband. Issue statement Can the court take into consideration our client‚ Jane Smith’s cohabitated years with her current husband between their two marriages to each other
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In this essay‚ issues on equitable interests‚ fixtures and chattels and finder’s rights will be analysed. Carol will be advised accordingly. Primarily‚ we need to establish whether Carol has any interests as per s1(2) LPA 1925. Carol contributed to the purchase‚ she has an equitable interest in the property as per s1(3) LPA 1925. She also has an interest under a constructive trust or resulting trust as in Gissing v Gissing. Secondly‚ we need to discuss whether Carol will have priority over the
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guess what these two functions are. Contract law is conceptualised‚ codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice‚ equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract. The subject under discussion. The subject of this paper is extremely broad - it is supposed to deal with breach of contract and specific performance. Therefore‚ it has nothing
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In the business world‚ people need to comprehend the business law and legal work that applies for all their business activities. Each decision that many industries makes must be considered from a legal point of view in order to ensure that it avoids severe lawsuits and satisfies the law. It is‚ especially‚ essential for people to understand the law applications that goes into a situation because there are many cases where there are various laws included in the matter. Because of those various laws
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have different structures. “Whereas the criminal justice system is focused on sentences designed to act as a punishment or deterrent (such as a fine or a period of imprisonment)‚ civil court proceedings are brought in order to obtain a specific legal remedy which can be enforced against the other party to the action.” (Harvie-Clark‚ 2014). The civil court is structured depending on the severity of the case at hand these are the Sheriff Court which deals with cases such as Domestic/family matters and
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` ` McKennon v. Nashville Banner Publishing Company SUPREME COURT OF THE UNITED STATES Certiorari To The United States Court Of Appeals For The Sixth Circuit Case Analysis Jorge A Montero Carlos Arbizu University Abstract: This case analysis will covers the impact of the McKennon V. Nashville Banner Publishing Co Supreme Court Of The United States Decision in any legal dispute regulated by Age Discrimination In Employment Act of 1967 (ADEA) and others regulation that covers
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For us to help others‚ we first must help ourselves by recognizing why we act upon our beliefs and realizing whether that idea will complicate the principal of the workforce. “The purpose of social work practice is to intervene to remedy these tensions by promoting equitable relationships and encouraging people to take more control over their own lives where this does not impinge on the rights of others” (O’Connor‚ I. 2006.) Social work is a learning process contributing towards yourself and others
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unjust‚ the contract may be outside of the statute. Thus‚ where it appears that a vendee has taken continuous and exclusive possession under the contract and has made improvements‚ or where other equitable considerations are present‚ specific performance will be granted. Among the relevant equitable considerations that may justify specific performance‚ a court will consider the amount of time that has passed before the vendee’s possession was challenged. This factor is considered because it would
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boundary lines of areas which were rich in oil and gas in the continental shelf in the North Sea. West Germany‚ the Netherlands and Denmark wanted to determine where the maritime borders of their countries were. West Germany wanted to use the just and equitable idea and the Netherlands and Denmark wanted to use the equidistance/special circumstances principals in the 1958 Geneva Convention on the Continental Shelf. Applying the equidistance principle would cut off ocean access to West Germany while greatly
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estoppel: common law estoppel‚ estoppel in pais‚ estoppel by representation estoppel by convention…promissory estoppel‚ proprietary estoppel and equitable estoppel. * Above differences in estoppel not important today - grouped together as a reference to unconscionability. main differences = common law estoppels (based on representations of facts) and equitable (relying on promises or assurances) * Object of estoppel: Dixon J – prevent unjust departure by one person from an assumption adopted
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