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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created can grow itself by her skill and her story will bring her more customer (Bygrave & Zacharakis ‚ 2010‚ p.80). Therefore‚ the thing Alison is lacking of is just time being. Question 4:Dicuss her funding-raisin and valuation. If you were an equity investor‚ what return expectations would you have ?
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Chapter 1 Introduction 1.1 Introduction Brand equity has become a very strong part for every product. Brand equity refers to the marketing effects or outcomes that accrue to a product with its brand name compared with those that would accrue if the same product did not have the brand name and‚ at the root of these marketing effects is consumers ’ knowledge. In other words‚ consumers ’ knowledge about a brand makes manufacturers/advertisers respond differently
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Page 1 ICLR: Chancery Division/1949/CANNON v. HARTLEY. - [1949] Ch. 213 [1949] Ch. 213 [CHANCERY DIVISION] CANNON v. HARTLEY. 1948 Nov. 19‚ 22. ROMRE J. Settlement - Deed of separation - Covenant to settle after-acquired property - Breach of covenant Volunteer’s right to claim for damages. A volunteer who is a party to a deed and a direct covenantee thereunder is entitled to damages for breach of a covenant contained in the deed. By a deed of separation made on January 23‚ 1941‚ between the defendant
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Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. It is also possible that a secret trust arises where in reliance on a promise to implement the trust by X‚ no Will is made (Strickland v Aldridge 1804 9 Ves 516 REF1). The onus of proving a secret trust is on the person claiming that it exists‚ on the balance of probabilities - the ’ordinary civil standard of proof’ (Re Snowden 1979 3 All ER 172 REF2)
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functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised‚ codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice‚ equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract. The subject under discussion. The subject of this paper is extremely broad - it is supposed to deal with breach of contract and specific
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unwillingly perform the contract and specific performance is only available in limited circumstances. In considering whether to grant specific performance the courts look to whether damages would be an adequate remedy‚ the type of contract and whether equity requires such an order. 1. Where damages are an inadequate remedy: If the claimant could adequately be compensated by an award of damages for the breach of contract‚ the courts are unlikely to order specific
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However‚ a deed executed as a result of undue influence practiced upon the grantor is voidable rather than void[3]‚ and if‚ before the grantor takes steps to avoid the deed‚ the grantee therein conveys the premises to an innocent purchaser‚ a court of equity will extend protection to such purchaser.[4] Undue influence constitutes an equitable ground for the cancellation of a deed.[5] Undue influence is distinguishable from duress‚[6] in that undue influence is a more subtle domination of the grantor’s
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