interests accrued. The importance of a mortgagor’s right to redeem is highlighted by the fact that he is entitled to both a contractual right to redeem‚ which is usually 6 months after the starting date of the contract‚ whilst also being entitled to the equitable right to redeem‚ which starts once the contractual right for redemption ends. This demonstrates that the mortgagor should always have the right to redeem as signified by the maxim‚ ‘once a mortgage‚ always a mortgage.’ Thus any attempts by the mortgagee
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ATENEO de Manila LAW SCHOOL LAW ON SALES OUTLINE[1] Dean Cesar L. Villanueva First Semester‚ SY 2009-2010 and Atty. Alexander C. Dy I. The Nature of Sale A. Definition (Art. 1458) Sale is a contract by which one of the contracting parties obligates himself to transfer the ownership[2] and to deliver possession‚ of a determinate thing‚ and the other to pay therefor a price certain in money or its equivalent. xCruz v. Fernando
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SUBROGATION Presented by Matthew Skinner and Justin Coss cvjs A0107151124v7 150520 7.8.2006 Page 1 Table of Contents 1. 3 1.1 1.2 1.3 2. Introduction 3 5 5 Restrictions on the right of subrogation 2.1 2.2 2.3 2.4 3. The doctrine of subrogation The source of an insurer’s subrogation rights The exercise of the right of subrogation Effect of contracts between the insured and third parties Multiple Insureds Waiver of Subrogation Clauses Provisions
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Chapter 3 Offer and Acceptance 1 The offer (1) Invitation to treat An invitation to treat is essentially an initial appproach to others inviting them to make an offer which may or may not be accepted. e.g. The taking of articles from the shelves by the customer would normally constitute an offer to buy and not the acceptance by her or him of an offer to sell.(Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd) (2) Unilateral offers If the offer is made to the world at large
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to be guided by its previous decisions and formulated a number of general principles‚ known as the ’Maxims of Equity’‚ upon which it would proceed. These are still applied today when equitable relief is claimed. * Example of the many maxims: a. Those who seek equity must do equity. Persons who seek equitable relief must be prepare to act fairly towards their opponents as a condition of obtaining relief. b. Equity looks the intent rather than the form. Although a person may pretend that
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Proprietary estoppel is a powerful equitable legal concept; used as both a ‘sword’ and a ‘shield’ which distinguishes it from other equitable concepts. To have a successful claim within proprietary estoppel three basic requirements must be fulfilled‚ as quoted by Ying Khai Liew: “B induces A to assume‚ through a promise‚ assurance or acquiescence in A’s mistaken belief‚ that B will cede an interest in property he or she owns to A‚ and A detrimentally relies on the assumption” This essay will
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still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences if he fails to repay the loan. Refer to the case Blomley v Ryan[4]‚ The judger Fullagar J had listed the factors which might give rise to equitable intervention including “ poverty or need of any kind‚ sickness‚ age‚ sex‚ infirmity of body or mind‚ drunkenness‚ illiteracy or lack of education‚ lack of assistance or explanation where assistance or explanation is necessary. ’ Many of the factors
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What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming social demographic whom create the modern day structure of beliefs‚ prejudices
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Indian democracy. They include individual rigts common to most liberal democracies‚ such as equality before the law‚ freddom of speech and expression‚ freedom of association and peaceful assembly‚ freedom of religion‚ and the right to constitutional remedies for the protection of civil right. Originally‚ the right to property was also included in the Fundamental Rights‚ however‚ the Forty-Fourth Amendment‚ passed in 1978‚ revised the status of property rights by stating that "No person shall be deprived
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he can only recover the principal debt. IS THE USAGE OF THE PHRASE ‘RIGHTFULLY PAID’ AND ‘WRONGFULLY PAID’ JUSTIFIED? The phrase ‘rightfully paid’ does not seem felicitous in sec.145. The literal meaning of the phrase ‘rightful’ is just and equitable and that of the phrase ‘wrongful’ is unjust and unlawful. A contract of guarantee is a contract where one person promises to discharge the liability of another in case of default to third person. Therefore‚ the liability for payment of the promisor
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