Home equity

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

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.

The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning them to the trust. In Re Montagu’s Settlement

Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. It is also possible that a secret trust arises where in reliance on a promise to implement the trust by X, no Will is made (Strickland v Aldridge 1804 9 Ves 516 REF1). The onus of proving a secret trust is on the person claiming that it exists, on the balance of probabilities - the 'ordinary civil standard of proof' (Re Snowden 1979 3 All ER 172 REF2)

Equity plays an important role in the common law which will be explained in this essay. It’s foundational principles derive from philosophy and ethics as well as from political and religious background. To understand specific nature and extent it operates in the modern world it would be necessary to look how it developed over the centuries in the UK. In the 13th century’s England, the common law courts operated through the Court of Common Pleas and the King’s Bench and could only offer a limited

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

Actions speak louder than words and when I hear the word justice I think “you do the crime, you do the time.” I personally have filed five, if not more, reports in the last thirteen months with the” Licking County Justice System.” Crimes including; criminal damaging (on more than one occasion), burglary, domestic violence, and several violations of a protection order. One would think that justice should have been served by now. However, the process continues, leaving me to feel nothing more than

The importance of an integral workforce within the United States’ economy came forth due to the influences brought forth by the might of industrialization. To ensure the integrity and productivity, companies across the United States adapted different techniques to promote stability within the workforce. Techniques, such as having a child workforce, encouraging low pay rates, and prolonged work hours, started to be questioned by the majority of the workforce. Controversy began to spark around the

A couple from Florida was forced to move from their home because of fear of their community turning on them, and embarrassment. Others of the 12,000 affected reported that they were no longer taking the medication in question and that the letter no longer applied to them. Some reported that it had been

Cases Comm 315 Case1 : King v.BioChem Therapeutic Inc. Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period, she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated. Issue: Is the termination of the contract of Dr King for fault justified? Ratio Employer version of facts: 1st meeting: after 5 months and a half