the time of the original shares and the cost of the original shares will be spread over all the shares. See s.130-20 Seminar reflection Value-shifting is a result of a transaction between two parties that is not at market value‚ the value of an equity or loan interest is increased
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The difference between common intention constructive trusts and proprietary estoppel has been described as ‘illusory’ (Hayton). Do you agree with this statement? Consider how the case law has developed and give reasons for your answer. In his article ‘Equitable Rights of Cohabitees’ Hayton suggested that the distinction between common intention constructive trusts and proprietary estoppel has‚ over time‚ come to be but illusory and goes on further to propose that since the general direction of
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Now we turn to discuss the case study. I hope everyone have already done it. The main issue of the case study is that Chu has been the New South Wales (NSW) Operations Manager for Computers Pty Ltd. Due to Chu’s senior position knows the identity and requirements of the company’s major clients. In March 2007‚ Chu decides to retire and agrees to not compete against the company in NSW for two years. However in April 2007‚ Systems Pty Ltd actively solicits business from the customers of Computers Pty
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Elizabeth Covington‚ who was sixty-five years old when her husband died‚ needed as much money as she could muster‚ decided to have a garage sale. Her husband had a baseball card collection but Elizabeth knew nothing about baseball or baseball cards. She displayed the cards along with many other items. Michael Ferrell‚ and eighteen year old‚ who lived in the neighborhood‚ attended the sale. What caught his eye was the baseball card collection and‚ specifically what appeared to be a 1952 Topps Mickey
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the income that he could have earned‚ but is now not able to because of the injury. This applies both to the past and future however when calculating Sita’s future income‚ the court compensates according to her ’earning capacity’ as opposed to the precise income that she was previously earning (Cullen5) taking into account her high potential for promotion. This net income over future years then deducts expenses that would have been incurred during her job such as travel. Due to the fact that Sita is
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Describe the remedies available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under
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stated‚ “it is impossible to define‚ and difficult even to describe‚ at what point at which the influence becomes‚ in the eye of law‚ undue.” The doctrine of undue influence has been agreed upon as “the ground of relief developed by the courts of equity as a court of conscience.” It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However‚ the aim is to ensure that the influence exercised is not abused. On the grounds of these concepts‚ it is impossible
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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Introduction The paper aims to discuss the comprehensive and significant findings of the topic that is whether the duties of constructive trustee have been equated with the expressive trustee. The paper will highlight both the trustees in a detailed discussion. This discussion will bring differentiation between both aspects. The paper will also aim to distinguish circumstances surrounding the statutory direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive
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Introduction: As a rule of any contract‚ it is bound to the terms and conditions. As the contract circumstances are limited‚ the person is bound to sign the contract on someone else’s behalf. However there are many expectations that invalidate a contract which relates to the contract conscionability which confirms to be conscience. Unlike Unconscionable means unfair or unjust. In any law of a contract it means that the contract or the terms and conditions are unjust that the court will be forced
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