Equity and Trusts: Barnes V Addy Second Limb Essay

Judicial activism in American society has shaped legislation as interpreted by the view of justices in cases that have challenges current law. The practice of judicial activism has allowed judges to essentially create new bias legislation out of existing laws that may not possess explicit standards. In other words, existing law is expounded upon with personal or political consideration rather than what the law states and following it as specified. Moreover, judicial decisions usually determine future rulings that have resounding effects on society (Stephenson, 2013). However, does judicial activism depict good or bad judiciary practices? It does not take much to understand that partiality would exist in the answer to that question as each individual may answer

The position of the Supreme Court in American society is quite simple: to interpret the Constitution and settle case disputes with the limitations that are binded by our law. While one perspective of the debate states that the court is unbending in their ability to make policy, while the other claims that the court breaks free from these limitations that are binded by our law and are politically dynamic in nature.These are known as The dynamic court and the constrained court are two alternative constructions of the role of U.S. courts in producing significant social reform (Rosenberg, 1991). The balance of these two views rely on the interaction between doctrinal,

It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.

The court observed that the ‘legal meaning’, i.e. meaning the legislature is taken to have intended, may not correspond to the literal or grammatical meaning. As four justices put

Comment on the decision in Webster, how the law has been revised, and give some examples of the type of situation which would now give rise to

Mr Michael Burch expired while his four wheeler vehicle clean off in YR ( yarra ranges) shire on 13th November, 1998.

The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”).

Tarr, G. A. (2014). Judicial Process and Judicial Policymaking, 6th Edition. [MBS Direct]. Retrieved from

In light of the current economic environment and the heightened consideration that must be given to corporate governance in the post-Enron era, I respectfully submit to you the following proposal with optimism and urgency. There are tens of thousands of individuals right here in Colorado who, along with their public-sector employers, are currently at the mercy of the ethical compasses of only a few. As you may know, these individuals and their families have medical, dental, vision, and life “insurance” through a self-funded trust plan instead of a traditional insurance company. While self-funded trusts can certainly be advantageous to employers and employees alike, what you may not know is how the lack of formal ethics programs and

In this paper I shall focus on the Knowing Receipt doctrine, and it shall consist of twofold: First, A study of the basis of the liability and the knowledge requirement under the knowing receipt doctrine, through a review of the English and Australian case law; and secondly, I will relate to proposal by some scholars to recognize knowing receipt as a strict liability claim.

Justice Paul Finn recently summarised, “Australian contract law, unhelpfully, has six potential sources – the common law, equity, Commonwealth statute, State or Territory statute, incorporated international instruments, for example the CISG, and, finally, the terms of the contract themselves. Having such a diverse range of sources has, in my view, been a recipe for incoherence and for inertia in the legal development [complexity] of contract as such” (Codification of Contract Law: Some Lessons from History, 2013). The proposed harmonious effort by the Attorney General has implications for the global convergence of partnering legal systems and further poses practical questions as to what nature any such contractual reform should

Every law which is made by the parliament needs to be clearly defined and applied by judges in accordance with each case being dealt with. While deliberiating on choices about a case a judge should go by the precedent set by the higher courts concerning the circumstance and conditions applicable, as this additionally helps the one required for the situation as they are aware they will be dealt with alike and not arbitraily. The structure of the judicial precendent in the English legal system, with English law is established on the hypothesis of stare decisis. Stare decisis is the doctrine that rules principles of law on which a court rested a past verdict are defintive in all future cases, in which factors are similar. Judges need to follow these previous decisions which is a ‘binding precedent’.

There has also been an increasing recognition in case law, even among strong proponents of the traditional principle of objectivity, that the rigid nature of the exclusionary rule can restrict fair adjudication. A notable example is found in the Australian case of Codelfa Construction Pty Ltd v. State Rail Authority of N.S.W., where Mason J, known to be a strong proponent of the orthodox objective approach was inclined to acknowledge that “there may perhaps be one situation in which evidence of the actual intention of the parties should be allowed to prevail over their presumed intention”. He further reasons that:

Do you already use an owner trust to register your aircraft with the FAA? Do you need an owner trust? This article will help identify if you still need to utilize an owner trust or if you need to begin utilizing an owner trust to register your aircraft with the United States FAA.

The general rule on constitution of trusts is ‘equity will not assist a volunteer to perfect an imperfect trust’. It is apparent that subsequent case law has sought to depart from such principle by introducing various exceptions which allow incomplete gifts to be perfected. Nevertheless, there has been many criticism and debate in regards to this area of the law since it is felt on the one hand, that the scope is for exceptions is being widened too far, whilst it is argued on the other that it will be unconscionable to the parties for the gift not to be perfected. Nonetheless, the exceptions is inevitable will continue to advance and thus create a topic for criticisms and debate.