An equitable right is a right ‘in personam’ as opposed to a legal right being ‘in rem’‚ binding on the whole world‚ and therefore without any registration‚ an equitable right will not bind a bonafide purchaser for value of a legal estate without notice of the equitable interests. Because Colman’s interest has not been protected on a register‚ it is at risk of being overreached by the purchaser (in this case Eleanor). S.2(1(1) of the Law of Property Act 1925 states that any equitable interest can
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Irish Company law as it currently stands is comprised of 35 pieces of legislation‚ in addition to a wealth of case law based on common law and equitable principles. This current system of company law is unmanageable and of little practical use to the average Irish company. Although the sheer volume of law poses a major problem in itself‚ its somewhat haphazard layout causes most difficulty to business owners and managers. When a change or update is made to the law‚ rather than an act being repealed
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Powers of Administrative Agencies 1. Quasi-legislative power / Power of subordinate legislation 2. Quasi-judicial power/Power of adjudication 3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) Definition of "Quasi-legislative power" It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy. Distinctions between
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Introduction By English land law is meant the land law of England and Wales‚ two of the four parts of the United Kingdom of Great Britain and Northern Ireland‚ the other two parts being Scotland and Northern Ireland. England and Wales use the same land law‚ and Northern Ireland (like the Irish Republic) also uses English land law‚ but subject to the legislation of its own Parliament. There is‚ therefore‚ no such thing as British land law. The English Land law can only be explained by an elaborate
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Question # 1 – What were Birdwell’s options on July 5? Doctrine of Equitable Conversion – once a contract is signed‚ equity regards the buyer as the owner of the property. The seller’s interest is looked at as personal property. The legal title of the property remains with the seller and is considered to in trust and the risk is on the seller. The right of possession follows the legal title; the seller is entitled to possession until closing. Risk of Loss – there is a split of authority
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context‚ there is an implied presumption that neither party will do anything that prevents the other from receiving the fruits of the contract. Not all states recognize this exception to the employment-at-will doctrine. (Bennett-Alexander‚ 2007‚ pp. 36-39) Constructive Discharge Constructive discharge may result when there is no reasonable alternative for the employee other than leaving the employment relationship. Leaving under these conditions is considered involuntary. Under these circumstances
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CUEA SCHOOL OF LAW General Principles of Equity I History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II UNIT 1 CONTENTS 1.0 2.0 3.0 HISTORY OF EQUITY 4.0 5.0 6.0 7.0 Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary
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to prevent fraud to be used as an instrument of fraud’. Therefore‚ in order to prove the express trust‚ parole evidence was included‚ despite the statutory requirement of written evidence in s53(1)(b) (Penner‚ Law of Trusts). This is known as the ‘doctrine of Rochefoucauld v Boustead and it is reflected in this quote given by Lindley LJ. He is essentially declaring that equity abhors the use of statute as an instrument of fraud. The core function of the statutory formality rule is to prevent fraud
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Gifts under Muslim Law and the Requirement of Registration: An analysis of Legal Provisions and the Case Law Faizan I Nazar* I. Introduction Registration of some classes of documents is compulsorily required under the various statutes like Transfer of Property Act‚ Contract Act etc. The (Jammu and Kashmir) Registration Act‚ Svt 1970 (1922 A.D) is a specific Legislation which under section 17 enumerates the documents which have been compulsorily registered under the Act. The first class of document
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Intellectual property is the property generated in the process of intellectual activities. It can be possessed and used‚ and generated benefits. The major components of intellectual property include copyrights‚ patents‚ and trademarks. Similar to tangible property‚ intellectual property which is an intangible property is also protected by the law. The governments and parliaments have given the creators the rights as an incentive to produce ideas that will benefit society as a whole‚ by preventing
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