Equity Essay

uphold a strict reading of statute to allow the trust to fail. As previously stated, another equitable principle says ‘equity follows the law’ – in the event of conflict, equity may circumvent the common law but it does not seek to override it. It only intervenes if there is a risk of an unconscionable result, like the denial of a testator’s wishes. As Hudson notes ‘the purpose of equity is to introduce fairness in circumstances in which statute might permit unfairness ’ thus is not surprising that the

1. Court Injuction 2. Laissez-faire Recording to the Union County College “Laissez- faire an economic and political doctrine that holds that economies function most efficiently when unencumbered by government regulation. Laissez faire advocates favor individual self-interest and competition, and oppose the taxation and regulation of commerce.” “"Leave it alone” The concept came from the economic theories of Adam Smith, the 18th-century Scot whose writings greatly influenced the growth of American

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

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

competing against the business of the employer for a defined period of time after the termination of employment, or within a certain geographical location. Where a restraint of trade is found to be valid but unjust, an employee may seek recourse in equity for relief. Although, there is no one significant equitable remedy for resisting the enforcement of restraint of trade clauses in employment contracts, certain authorities tend to indicate that the most effective equitable remedy is an injunction

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

Introduction This essay will start by considering B’s position – how the Law of Property Act 1925 and Land Registration Act 2002 affect her interest in Y in relation to D’s interest. It will then move on to consider C’s position in a similar fashion. Finally, it will conclude with a critical examination of some of the legal principles applied. Brenda’s Interest B’s equitable interest is generated from her contribution to the purchase price of Y through the creation of a trust in the property.

Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt, in relation to the transfer of land. The parties to this contract were Neil York, who bought the interest in the land, and Bill York who sold the interest, and forgave the debt. The contract was entered into on 19th July 1988, with the terms being that Bill would transfer his interests in the Wonga Park fee simple, the Wonga Park perpetual lease selection

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

party's property where the second party has incurred costs in that property to its detriment”. Proprietary estoppel, like other types of estoppel, is not a remedy in itself but a tool to raise “estoppel equity”, on the basis of which the court is able to decide on the type of remedy that this equity will satisfy. Similarly to the need for the element of common intention for the purpose of establishing a constructive trust, there is a need for the establishment of an active or passive assurance on the