Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development
RELIANCE LAWYERS TO: Client FROM: Christine Bulos SUBJECT: Sandy V Mark DATE: 17th April 2017 CC: Partners@reliancelawyers.com.au PURPOSE: This memorandum analyses the contractual dealings between our client, Sandy, and Mark to determine whether equitable and proprietary estoppel is applicable in this case, and whether the promise Mark made to Sandy in regards to subdividing his land must be upheld. SUMMARY: QUESTION 1A) It will be argued that estoppel is definitely applicable in this case
The second scenario explained about the Tuna Canning Company that hired 21 seamen in Southern Florida to work abroad. They signed an agreement to get paid $200 each plus extra cents depending on what they catch. The seamen complained about the weak fishnets and wanted to get paid $400, which the company agreed. When they returned, the company just wanted to pay the original $200. The second agreement in this case is a product of unjustified duress/coercion. “Coercion is the practice of compelling
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
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
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
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
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
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
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