settlement as incompletely constituted trust. Once the settlement is deemed to be incompletely constituted trust‚ the beneficiary could not enforce their right in the trust. This is due to the maxim in equity “equity will not assist a volunteer” and “equity will not perfect an imperfect gift”‚ which meant that equity is reluctant to offer assistance to those who does not provide consideration. Hence an absolute owner must transfer the legal ownership of the property to the trustee in accordance to the relevant
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Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss‚ with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example‚ in one area you could get away with stealing‚ in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until William’s
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What are the exceptions to the maxim “equity will not assist a volunteer? Give factual examples to support answer and relevant cases. There are certain known exemptions to the rule that equity will not assist a volunteer . a) These are where the proposed donee has acquired title to the property by being chosen as administrator of the donor’s estate . That is if a donor has endeavored to create an instant bequest inter vivos to a donee which have not passed by reasons of the fact that the lawful
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WHY DID EQUITY DEVELOP? HOW DID THE CHANCELLOR’S JURISDICTION OPERATE? I. INTRODUCTION Justice is the `quality of being just; righteousness‚ equitableness‚ or moral rightness’.1 The application of rigid rules can result in a judgement‚ however‚ not justice. The civil law is based on the principle Dura Lex Sed Lex2; this principle holds that the law is harsh‚ but is the law. Therefore‚ a judge can only apply what is written in the law. On the other hand‚ the common law system is based not
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2012/13 Law 3240 and 5760 Equity and Trusts Seminar 3 The Three Certainties: Certainty of Intention‚ Certainty of Subject Matter‚ and Introduction to Certainty of Objects Essential Reading Martin‚ Hanbury & Martin: Modern Equity (19th ed.‚ Sweet & Maxwell‚ 2012) 97-107; or Watt‚ Trusts and Equity (5th ed.‚ Oxford University Press‚ 2012)‚ 77-92; or Wilson‚ Todd and Wilson’s Textbook on Trusts (10th ed. Oxford University Press‚ 2011)‚ 53-72
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Equity and Trusts Law Essays and Dissertations Law Essays UK proudly present a major breakthrough in the advancement of educational standards in the UK - the worlds first and only guaranteed 2:1 and First Standard quality personalised law essays service. Ever struggled with understanding a law essay or dissertation topic? Having difficulty with your equity essays or trusts essays? All our UK equity and trusts law essays and our equity and trusts law dissertations are custom written and are written
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Greek word study dialégomai‚ dialogizomai‚ dialogismos : Conscience Summary I. dialégomai In classical and Hellenistic Greek culture The Greek words dialégomai was usually used for “converse” or “discussion.” In the time of the great philosophers like Socrates‚ Plato and Aristotle‚ the art of persuasion and demonstration was developed as well as the establishment of the idea and the investigation of demonstration. In fact‚ dialégomai is the only way to reach the idea in Greek philosophy‚ so it
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Equity Theory of Motivation As the cliche goes‚ no man is an island. Everything man does is influenced by other men and his environment. Be it in school or at work‚ the reason why people persevere lies on the desire to achieve a certain goal. Hence‚ motivation is essential to keep the drive of doing things passionately and effectively. However‚ the enthusiasm to sustain the dream and keep the motivation alive can be tampered by life’s uncertainties. Given the unique characteristics that each student
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crisis of conscience‚ but in reality‚ if one follows what he or she believes‚ then that person will have less of a struggle with his or her conscience. In The Adventures of Huckleberry Finn by Mark Twain‚ Huck‚ a young adventurer‚ is struggling while trying to choose between his opinions and the opinions of the society. After Huck flees from his home‚ he finds Jim‚ a runaway slave‚ creating a difficult predicament for Huck. He helps Jim run away throughout the novel‚ but battles his conscience as a result
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did not want anyone knowing that he had murdered Duncan. Every knock of the door he heard‚ he would ask “whose there?” Macbeth had an excessive amount of blood on his hands and thought that his hands could never become clean again. His guilty conscience was beginning to take over his mental thoughts. Lady Macbeth was a very powerful woman who was head strong in her decisions. The Lady was very wicked and did spiteful things like giving the soldiers alcohol to blame the murder
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