soveregnty of this will presume thus in order for validity such atrocias vehicle will be displayedProperty which is intended to construct a trust fund must be segregated from all other property‚ in order for its identity to be sufficiently certain. If this is not succeeded then the result will be found to have no certainty of subject matter and in turn the trust will fail. As found in the case Re London Wine Co. where the creditors of a wine company sought to claim that their proprietary rights in
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Common Law and Equity Prior to the Judicature Act 1873-75 on Fusion Fallacy The early development of equity categorized it as a separate system from the then existing common law. However‚ Lord Chancellor’s intervention gradually developed a distinct body of law called ‘equity’ which was well established by the fifteenth century. From then on‚ the Chancellor’s jurisdiction was exercised via what later becomes ‘court of Chancery.’ The existence of these two systems at times conflicted because of the
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direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive Trustee Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a
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of Equity Introduction Before the Norman Conquest of 1066‚ there was no common law system‚ law was written in codes influenced by Roman law and created by local kings. Shire courts and hundred courts were responsible for law enforcement. The legal system was mainly based on custom and tradition by the intervention of god. The law was often reformed‚ being how the king wanted it to be. The Lord Chancellor‚ who was the chief legal administrator of the kingdom and the king‚ made their own law which
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Customer equity is a result of customer relationship management. Customer equity is the total of discounted lifetime values of all of the firms customers. In layman terms‚ the more loyal a customer‚ the more is the customer equity. Firms like McDonalds‚ Apple and Facebook have very high customer equity and that is why they have an amazing and sustainable competitive advantage. Customer Equity is made up of three components. Value Equity‚ Brand Equity and Relationship Equity. Value Equity
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Civil War Project 1. You must choose a topic for a project from the list below. You will work individually on this project. This is an oral presentation that must be 5-7 minutes. 2. Project presentations will take place on the week of May 28 3. This is an oral presentation. This is worth a test grade. 4. Pre-presentation work requirements: Notes on graphic organizer/bibliography due: March 18th Notes cards used during your presentation[due after presentation] 5. Media Center research
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Disposal of property on death – Secret Trusts Definition: An owner of property dies‚ that property passes to those entitled under the law of succession. 2 main methods: 1) Through a valid will 2) Intestacy rules Will – series of specific bequests or legacies of specific assets to specific individuals who will receive the assets not disposed off. If no residue clause then the rules of intestacy operate. Requirements of a valid Will 1) Capacity 2) Age 3) Mental Capacity 4) Intention
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Equity is still very relevant today- equitable rights‚ interests‚ and remedies remain important in law today. Equitable relief introduces injunctions in labor disputes‚ partitions of real property‚ specific performance of contracts‚ reformation of contracts‚ setting aside invalid wills‚ divorces and various other matters where the court orders something to be done other than entering a judgment for money damages. Concepts such as mortgages and Trusts are founded on the idea
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In common law‚ a formality among judges was developed‚ typified by a reluctance to deal with matters that were not or could not be processed in the proper form of action. In other words‚ if a person did not follow the proper procedure or done an error in the formalities‚ the person making the claim would lose the case even though that person obviously suffered a wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the
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caught by the SOF Judge 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
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