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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The following is a supplement to the discussion of the Milroy v Lord and Re Rose principles in Equity Trusts relating to the cases of T Choithram International SA v Pagarani 2001 2 All ER 492 and Pennington v Waine 2002 4 All ER 215. These cases confirm the existing law for the most part‚ although in factual circumstances which have occasioned comment by some jurists. The Underlying Principle in Milroy v. Lord An imperfect gift will not be perfected simply by interpreting the donor to be a trustee
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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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What is the nature and extent of the employee’s duty of confidentiality? Introduction In every business enterprise‚ there is certain information that employer’s wish to remain confidential. This is particular vital in the global era where there is lower job security‚ higher job mobility and situations where employees work multiple jobs. Employees are bound by the duty of confidentiality‚ where they are forbidden to disclose certain information obtained during the course of employment. The
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expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract. It is the role of equity to uphold the intention of the parties in an agreement based on the equitable maxims “Equity looks to the intention‚ not the form” -If the instrument recording the agreement does not reflect the true intention of the parties die to the common mistake or fraud‚ the equity will intervene and order rectification of the instrument/written contract. The step in the formation of contract:
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Topic 5: Torrens Title Intro reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security General Register of deeds difficult to search General Register does not fix any defect Under Torrens Title indefeasibility of title started with Robert Torrens in SA NSW started 1963 Since then all grants under Torrens Title At conveyance of old property transferred to Torrens US
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requirement. The Court of Appeal upheld that ‘equity will not allow a statute enacted to prevent fraud to be used as an instrument of fraud’. Therefore‚ in order to prove the express trust‚ parole evidence was included‚ despite the statutory requirement of written evidence in s53(1)(b) (Penner‚ Law of Trusts). This is known as the ‘doctrine of Rochefoucauld v Boustead and it is reflected in this quote given by Lindley LJ. He is essentially declaring that equity abhors the use of statute as an instrument
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October 7‚ 2012 “Equity does not destroy the Common law but assist it”. Explain the statement with reference to decided cases. Equity is a body of law that is found upon the principles of fairness and conscience. It piecemeal development took place over many years as a direct result of the injustices often caused by a strict application of the common law. However‚ equity does not destroy the common law but help
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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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