EQUITY AND TRUSTS The statute does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree." Per Lord Macnaghten in William Brandt’s & Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454‚ 461 Discuss critically the above statement with regard to the Malaysian legal position. Before receiving his title deed‚ a person may obtain a loan from a financier by assigning the rights to the property to the financier. Similarly‚ a creditor may obtain a loan from a factor
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and trans geometric isomers. While both of these isomers have the same molecular formula‚ they usually vary in many physical features. Cis isomers have two identical groups located on the same side of the double bond‚ while trans isomers have the two groups on opposing sides of the molecule. Trans isomers are usually more stable than cis isomers because there is no steric interaction‚ or repulsion‚ between the carboxyl groups of the molecule. The more negative heat of formation value of trans alkenes
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direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive Trustee Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a
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issues in this appeal. The first is concerned with the nature of the so-called “Quistclose trust” and the requirements for its creation. The second arises only if the first is answered adversely to the appellant. It is whether his conduct renders him liable for having assisted in a breach of trust.” Lord Millett in Twinsectra Ltd v Yardley and Others [2002] 2 AC 164 at paragraph 52. Critically analyse Lord Millett’s
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Crystal Torres Professor. Fennessey English 101 November 20‚ 2012 Trans-racial Adoption There are many arguments and debates on weather Trans-racial adoptions are appropriate in today’s society or even beneficial for the adopted child. The Controversy has gone back & fourth stating if a child upbringing will be the same with its adopted parents as it would be with parents of its own race. . You would think that people would support
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The role of trans-Atlantic trade and Great Britain’s mercantilist policies in the economic development of the British North American colonies in the period from 1650 to 1750 was to create the colonies into self-sufficient areas of living. Triangular trade within the United States‚ Great Britain‚ the West Indies‚ and Africa helped to distribute and/or import and export essential factors. The theory of mercantilism is “that a state should be as economically self-sufficient as possible” and it stipulates
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COURT OF APPEAL Slater v Clay Cross Co Ltd [1956] 2 QB 264 Full text 17 May 1956 DENNING LJ: In Derbyshire there has been for well over a hundred years a railway line owned by the defendants. We were told that George Stephenson himself made it. The defendants use it so as to carry limestone from their quarries at Crich down to Ambergate. It is a small gauge line‚ only three feet‚ three inches wide‚ and is 2 1/2 miles long. On that small line there are two tunnels. One of them‚ with which we
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Explain the basis for trade according to David Ricardo? How are the gains from trade generated? Do you think that David Ricardo’s law of comparative advantage is superior to Adam Smith’s theory of absolute advantage? Why or why not? David Ricardo was one of the most influential of the classical economists. Perhaps his most important contribution was the law of comparative advantage‚ a fundamental argument in favor of free trade among countries and of specialization among individuals. The purpose
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Bibliography: Books 1. Maxims in Law and Equity: Comprising Noy ’s Maxims‚ Francis ’s 2. The Principles of Equity and Trusts‚ Graham Virgo 3. Equity and trusts ‚ Alastair Hudson Web pages 1. http://www.slideshare.net/AhmadFarouqAmir/maxims-of-equity-12621279 2. http://en.wikipedia.org/wiki/Maxims_of_equity 3. http://notes-law.blogspot.com/2008/08/maxims-of-equity.html
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Faverty v McDonald’s Restaurants of Oregon‚ Inc. 892 P.2D 703 (CT. APP. OR. 1995) Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities‚ worked for the National Guard‚ and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held‚ Theurer worked
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