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
Premium Trust law
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
Premium Common law
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
Premium Corporate finance Debt Finance
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
Premium Appeal Property Law
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
Premium Contract law Contract Breach of contract
CONTRACTS ASSIGNMENT UNCONSCIONABLE BARGAINS SUBMITTED BY: KARAN SHANKAR IV Semester‚ SVKM’s Pravin Gandhi College Of Law‚ Mumbai 01 Index of authorities 03 02 Introduction 05 03 Research Methodology 07 04 Chapters 08 05 Chapters (cont) 15 06 Conclusion 17 07
Premium Common law Contract
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
Premium Law Contract Common law
Note Taking System 5 Methods • The Cornell Method • The Outline Method • The Mapping Method • The Charting Method • The Sentence Method The Cornell Method The Cornell method provides a systematic format for condensing and organizing notes without laborious recopying. After writing the notes in the main space‚ use the left-hand space to label each idea and detail with a key word or "cue." Method - Rule your paper with a 2 ½ inch margin on the left leaving a six-inch
Premium Thought Mind Roman numerals
there was no actual earmarking or physical segregation of the wine sold to different customers. The wine company became insolvent‚ and the receiver claimed that all the wine still belonged to the company – a claim that was upheld. 3. The rules of equity cannot provide a solution to this problem. There is no room in sale of goods law for the notion that an equitable title might pass or an equitable interest be created‚ however well established
Premium Ownership Property Property law
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
Premium Lease Trust law Stock market