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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EQUITY AND TRUSTS The statute does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree." Per Lord Macnaghten in William Brandt’s & Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454‚ 461 Discuss critically the above statement with regard to the Malaysian legal position. Before receiving his title deed‚ a person may obtain a loan from a financier by assigning the rights to the property to the financier. Similarly‚ a creditor may obtain a loan from a factor
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at 5:01 p.m. on 4 August‚ and 20% from an assignment submitted at 5:01 p.m. on 5 August. Assignment Questions You must answer all questions of both parts. Part I - England In Modern Equity‚ 19th Ed.‚ Jill E Martin discusses two continuing controversies in connection with the history of equity. First‚ on pages 18-19‚ she writes of
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Due to the promblematic situation of statehood The state 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
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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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characteristics of common law system? Do you think this legal system is good enough to protect the rights of individuals and organizations? Common law‚ system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king’s courts represented the common custom of the realm‚ as opposed to the custom of local jurisdiction that was applied in local or manorial courts. In its early development common law was largely
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Common law reasoning and institutions Adam Gearey Wayne Morrison This subject guide was prepared for the University of London International Programmes by: Adam Gearey‚ Professor of Law‚ Birkbeck‚ University of London and Wayne Morrison‚ Professor of Law‚ Queen Mary‚ University of London Acknowledgments The authors would like to thank Angela Boots and Vicky Thanapal for the preparation of Chapter 3‚ and Clare Williams‚ LLM. This is one of a series of subject guides published
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THE CHINESE UNIVERSITY OF HONG KONG School of Accountancy ACY 3151 D– Company Law Preserve The Common Law Derivative Action in Hong Kong Presented to Professor C.K. LOW Submitted by Tony BAI Dongyi; Ashley CHEN Xi; Ri REN Xinyu; Zoe ZHOU Beinan 30 April 2010 Abstract This paper is a response to the First Phase Companies Ordinance Rewrite Consultation Paper Question 7 whether we should abolish the common law derivative action (the CDA) currently retained by sec. 168BC (4) in the amended
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Chapter 1 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 of the Test Bank. A question modified from the previous edition of the Test Bank. A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities. ANSWER: T BUSPROG: Analytic B2. N PAGE: 4 TYPE: AICPA: BB-Legal + The
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