PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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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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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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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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Reading: George Shenoy and Loo Wee Ling (eds)‚ Principles of Singapore Business Law (“PSBL”)‚ (Cengage 2013)‚ Chapter 18. We will concentrate in class mainly on Damages. Note that PSBL chapter 18 addresses the topics in a different order from this Outline; we will in general follow the order of the Outline Note: References below to Poole are to Jill Poole‚ Casebook on Contract Law (10th ed‚ 2010)‚ which is available at Course Reserve in the Library. References to previous editions are
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Equity and equity based financial assets What is equity? Equity is ownership interest in a corporation in the form of common stock or preferred stock. It is also total assets minus total liabilities; here also called shareholder’s equity or net worth or book value. In real estate: it is the difference between what a property is worth and what the owner owes against that property (i.e. the difference between the house value and the remaining mortgage or loan payments on a house). What is a financial
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Whose Interests Reign Supreme: Settlor’s Intent vs. Beneficiary’s Interests Trust – The right‚ enforceable solely in equity‚ to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). Settlor – Someone who makes a settlement of property; esp.‚ one who sets up a trust. — Also termed creator; donor; trustor; grantor; founder.
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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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transaction is complete and the express purpose of the loan has been fulfilled. The lender is protected should the borrower become insolvent before the specified date. However this gives rise to fiduciary obligations on the part of the borrower‚ which an equity court will enforce. Judges and commentators have failed to address the type of trust a Quistclose trust is. In Twinsectra Limited v Yardley the borrower (Yardley) required a short term finance of £1m for the purchase of land‚ worried that the
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take in while in class. Simply being in class every day won’t be enough to prepare you for quizzes and exams. In the last paper‚ note taking was shown to have a very important role in your success in college. The ability to organize study materials (I.E. Notes‚ textbooks‚ old tests and quizzes) is nearly as important and also benefits from proper note taking skills. When you’re trying to organize your materials before a study session‚ you should first make sure that you’re mentally
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