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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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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that‚ National Health Service is currently experiencing one of the most important changes in its history. In the process‚ in order to outline the main features of the current reforms to NHS‚ this essay reveals some major problems these include; what is NHS 2010 White Paper? What are the main proposals for change? Why did they make changes? Accordingly‚ the essay will evaluate the reasons and implications and conclude with some important points with NHS. In fact‚ the National Health Service (NHS)
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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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prevention measures include activities that help avoid a given health care problem. Examples include passive and active immunization against disease as well as health protecting education and counseling promoting the use of automobile passenger restraints and bicycle helmets. Since successful primary prevention helps avoid the suffering‚ cost and burden associated with disease‚ it is typically considered the most cost-effective form of health care. Secondary prevention measures as those that identify
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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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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
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PUBLIC HEALTH STRATEGIES Public Health is protecting and improving the health of populations through education advertising of healthy lifestyles‚ and research for disease and injury prevention. Monitoring the health status of the population Explanation: monitoring the health status of a population helps to discover emerging forms of illness and disease and provides information to inform policy and planning of health services. This section reports on health-related quality of life (including self-rated
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Code + Name Professor’s Name Institution DATE Health Determinants Introduction Health plays an important factor in the everyday life. In our society‚ there are those who stay healthy while others always unhealthy. In the field of nursing‚ it is important to find out reasons as to why lack of health is a continuing problem in the society. This is the key to becoming effective in the sector. The parameters that define health are known as health determinants. These range from social‚ economic‚
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