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    Immingham Vs Clear

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    Results Your case is similar to case of Immingham Storage Co. Ltd. v. Clear plc (2011, CA) Immingham is a provider of storage for petroleum products. The defendant, Clear Plc (“Clear”), was a commodities trader. Both sides exchanged a number of emails dealing storage availability and cost. A quotation was emailed to Clear, headed in bold capitals “Subject to board approval and tankage availability”, stating “a formal contract will follow in due course”. Immingham emailed Clear confirming Board approval

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    Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484 Gleeson CJ, McHugh, Gummow, Kirby and Hayne JJ MATERIAL FACTS: The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris Fletcher’s (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters

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    Law 421 Contracts

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    Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach

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    B. Interview format: In an attempt to better understand the barriers in getting perpetrators to surrender their guns, and the possible solution in remedying them, I conducted interviews with different members of the King County community. The goal of these interviews was to generate information regarding the experiences of DV victims, and their advocates as well as law enforcement agencies on the issue of gun surrendering. Interviews were done primarily in person with the attorneys, and primarily

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    Introduction to Non-charitable trust Trusts can be widely categorized according to their objects, which are either purposes or persons. The purposes of trust can be either charitable or non-charitable trust. A charitable trust is one whose purpose falls within the legal definition of charity. On the other hand, a non-charitable trust has a purpose which falls outside the legal definition of charity. A non-charitable trust is not for the public. Non-charitable trust are beneficiary to people, include

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    Chief Justice Roberts stated courts in the U.S. have historically granted injunctions upon a finding of infringement since the 19th century. The Antitrust Division in the U.S. also admits a patent owner’s “rights to exclude are similar to the rights enjoyed by owners of other forms of private property” in the Antitrust Guidelines for the Licensing of Intellectual Property. Therefore, as a fundamental principle, “antitrust law does not generally prohibit the holder of any other property right from

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    The modern trust law has its origin in the use (from the Latin ab apus) which was developed as the response of equity to the shortcomings of the common law. A trust is very difficult if not impossible to define, but its essential elements are reasonably easily described and readily understood. There is no statutory definition of a trust . It has been the courts that, over the years, have developed the rules relating to the trust, so all one can do is provide a description of the trust, which reflects

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    CHANCERY DIVISION WALSH v. LONSDALE [1882 W. 1127.] This is one of the most frequently cited authorities on the effect of the Judicature Acts so far as the fusion of law and equity is concerned. Essentially the question down on whether the defendant could bring a legal remedy (distress) with respect to a lease which formerly would have been regarded as equitable only (effectively an agreement to grant a lease rather than one in proper legal form). Facts:The Defendant on the 29th of May 1879, agreed

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    of change. It is represented in four steps. Step 1: Profitability and Earnings Retention At the end of each year the return that Costco realizes on equity capital can either be reinvested back into the business or paid out to investors as dividends and

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    defendant; which cause a substantial economic loose to the plaintiff. The breach of the contract by the defendant caucus clear irreparable harm to the plaintiff regardless of the availability of those parts in other companies. Finally, the balance of the equities means that the injury on the plaintiff side is weighty harm than to the defendant through the injunction. And as long as there is a contract between the parties the court will look to the contractual rights. As we state before, the defendant violated

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