PREFACE This assignment throws glimpse on the important aspect of the Equity and trust-‘CONCEPT OF EQUITY’. The law relating to equity is largely built on precedent. The rules have been built upon by previous situations which they have dealt with. Equity" may generally be defined as the correction of a defect or error in the law. This idea is apparently of ancient origin‚ tracing back at least as far as Aristotle‚ who defined equity as an exception to the rule where the lawgiver ’s pronouncement is
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PRIVATE EQUITY – A VIABLE ALTERNATIVE SOURCE OF FUNDING FOR GHANAIAN SMEs By Joseph Ciici Arthur Ghana’s workforce is predominantly employed by the informal sector. This sector of our economy is largely made up of Small and Medium scale Enterprises (SMEs) and sole proprietorships (“one man business”). This is confirmed by available data from the Registrar General which indicates that 90% of companies registered in Ghana are SMEs. Over time‚ this target group has been identified as the catalyst for
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SEMESTER 1: 2014/2015 LXEB 3110 EQUITY I ASSIGNMENT NAME: GOH POI SZE MATRIC NUMBER: LEB120033 TUTOR: DR USHARANI A/P BALASINGAM DATE OF SUBMISSION: 3 NOVEMBER 2014 1. Introduction Maxims of equity are short statements that contain the essence of equity law. These maxims were developed over the years and today are used as a set of general principles which are said to govern the way in which equity operates. They illustrates the standards of morality in judicial decision making1 and
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the development of equity. This gives an overview of a selection of these maxims‚ examining them in varying amounts of detail and identifying many of the particular areas of the law which have been affected‚ and which are dealt with later in the book. These include‚ for example‚ the maxim ‘where the equities are equal the first in time prevails’‚ and its effect on priorities and conflicting interests‚ and the maxim ‘equity acts in personam’ and its effect on the operation of the law outside the jurisdiction
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caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer vested title
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Maxims and Equity Equity in its broadest sense means fairness. Within the legal system it’s known to be a body of law that looks at all concerns which fall separate from the jurisdiction of common law. It allows courts to use their discretion and apply justice in accordance with “natural law”. Dictionary.com’s definition of maxim is “an expression of a general truth or principle‚ a principle or rule of conduct”. Maxims of equity can be described as an established principle of fairness. They
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at 5:01 p.m. on 4 August‚ and 20% from an assignment submitted at 5:01 p.m. on 5 August. Assignment Questions You must answer all questions of both parts. Part I - England In Modern Equity‚ 19th Ed.‚ Jill E Martin discusses two continuing controversies in connection with the history of equity. First‚ on pages 18-19‚ she writes of
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Equity Maxims 1. He who comes to equity must come with clean hands * D&C Builders v Rees – Lord Denning. A small building firm did some work on the house of a couple named Rees. The bill came to £732‚ of which the Rees had already paid £250. When the builders asked for the balance of £482‚ the Rees announced that the work was defective and they were only prepared to pay £300. As the builders were in serious financial difficulties‚ they reluctantly accepted the £300 “ in completion of the
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Fusion or no fusion of equity and the common law at a substantive level Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts‚ there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law. ‘There would sometimes be arbitrary
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of Equity Introduction Before the Norman Conquest of 1066‚ there was no common law system‚ law was written in codes influenced by Roman law and created by local kings. Shire courts and hundred courts were responsible for law enforcement. The legal system was mainly based on custom and tradition by the intervention of god. The law was often reformed‚ being how the king wanted it to be. The Lord Chancellor‚ who was the chief legal administrator of the kingdom and the king‚ made their own law which
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