Daniel Pitaluga. “[On one view of proprietary estoppel] ‘unconscionaibility has no independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense
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Objective National Bank of Canada ("NBC" or "the Bank") is tasked with the decision to review Dawson Lumber Company Limited ’s ("Dawson") request for an increase in its line of credit up to the amount of $10.8mm. Dawson intends to finance inventory and receivables with the line of credit. NBC must remain cognizant of the competitive landscape of the lumber industry and assess whether a focus on the retail segment is beneficial to Dawson ’s strategic plan. Given that Dawson is one of the region
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enforceable trust. Failure to constitute a trust will mean that no gift or trust is applicable; and the law that relates to perfect constituted gifts and trusts will not be appropriate. Moreover‚ the axiom of equity will intervene: "equity will not perfect an imperfect gift". The state of equity at the start of 21st century has changed significantly through a number of noteworthy cases that are relevant to Pennington v Waine (2002) 4 All E.R. 215.� Milroy v Lord (1862)� the donor in this case used
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“The current law on the establishment and regulation of a co-ownership interest in land is unsatisfactory.” Discuss. Co-ownership forms one of the most complex areas in land law. It requires constant updating over time as social structures and patterns of living evolve in society. This essay will discuss the many difficulties that regularly arise in this delicate area of the law for which there is no simple‚ all-encompassing solution. Specifically it will cover the common intention constructive
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CHANCERY DIVISION WALSH v. LONSDALE [1882 W. 1127.] This is one of the most frequently cited authorities on the effect of the Judicature Acts so far as the fusion of law and equity is concerned. Essentially the question down on whether the defendant could bring a legal remedy (distress) with respect to a lease which formerly would have been regarded as equitable only (effectively an agreement to grant a lease rather than one in proper legal form). Facts:The Defendant on the 29th of May 1879‚ agreed
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The Definition of a Trust trusts is a device in which rights (personal or proprietary) are held by one person on behalf of another some trusts are created by court. These are constructive trusts. person creating the trust: settlor person holding rights: trustee person for whom those rights are held: beneficiary Lord Coke’s Definition "a confidence reposed in some other‚ not issuing out of land but as a thing collateral thereto‚ annexed in privity to the estate of the land‚ and to the person
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| Contents | Page No: | 1. | List of Authorites (Cases & Statutes) | 2 | 2. | Answers (Mainbody & Conclusion) | 3-10 | List of Authorities: Cases : 1. Crabb v Arun 2. Central London Property Trust Ltd v High Tress House Ltd 3. Ramsden v Ryson 4. Willmott v Barber 5. Taylors Fashions Ltd v Liverpool Victoria Trustees Co. Ltd 6. Matharu v Matharu 7. Taylors Fashions Ltd v Liverpool Trustees Co 8. Gillet v Holt 9. Dillwyn v Llewellyn
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Chapter 2: List for Basic Rules of Trusts: Property‚ Obligations and trusts 1) Equitable title exists whenever equity will require the legal owner of property to hold the property for the benefit of some other person or group of persons (which group may include the legal owner himself.) 2) Cestuis que trust=beneficiaries 3) Settlor and trustee can be the same person. 4) Settlor and beneficiary can be the same person. (Settlor can convey property to a trustee on trust for himself.) 5) Express
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Equity Definition of Equity The term ‘Equity’ is used in various senses‚ out of many the main four senses in which the term is used are: - 1. Literal senses 2. general senses 3. roman senses 4. English senses. 1. Literal senses:- Its sole aim may be to do justice to the parties in a case characterized by a configuration of facts unlikely ever to be repeated in reality in the same or similar way. The literal meaning given to equity is “right” as founded on the laws
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return that Costco realizes on equity capital can either be reinvested back into the business or paid out to investors as dividends and common stock repurchases. If no dividends or share repurchases were made and earnings were reinvested back into the business at the same incremental rate of return‚ the company’s return on equity would hold constant over time. In reality‚ most companies‚ including Costco‚ frequently experience changes in their return on equity‚ and distribute some portion of
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