CHECK THESE SAMPLES OF Tracing in Common Law
Juvenile delinquency: Theory, practice and law.... Juvenile delinquency is a common, although not part of the normal cycle, problem of adolescents since teenagers go through an “unquestionable time of transition” and are “vulnerable to a host of external determinants” (Siegel & Welsh, 2009).... Going Paperless Through the Juvenile Offender Tracking System Introduction Juvenile delinquency is a common, although not part of the normal cycle, problem of adolescents since teenagers go through an “unquestionable time of transition” and are “vulnerable to a host of external determinants” (Siegel & Welsh, 2009)....
2 Pages
(500 words)
Essay
The paper "The Breach of a Trust at common law and in Equity" focuses on the beneficiary inequity and the trustee.... It is imperative to consider both regimes, and my discussion would reflect both the common law remedy and the remedy in equity.... Tracing at Law At common law, any individual with a legal title in property may be able to resort to tracing to recover it.... tracing is a powerful course of action both at law and equity....
10 Pages
(2500 words)
Essay
The paper "International Environmental law Ensures the Sustainability of Global Commons" states that the success of the Kyoto Protocol to greater extent glimpses from its normative framing making it a flexible environmentalist bounding the member countries through commitments.... Here, the crucial question arises to see whether the international treaties and agreements such as the United Nations Convention on the law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution by Ships (MARPOL, 1973/1978), and Framework Convention on Climate Change (UNFCCC) and the others have been successful in ensuring the sustainability of global commons or not....
15 Pages
(3750 words)
Essay
in common law, the doctrine of tracing enables a claimant to trace the path of their misappropriated property, identify the proceeds of the property along with persons who have handled the property.... The fundamental problem in common law tracing is the identity requirement, perpetuated by the common reality of funds being mixed.... When equity developed as a parallel system to the common law, it was considered innovative by acknowledging 'new' rights where common law failed to provide 'justice'....
9 Pages
(2250 words)
Case Study
an E Davidson's 'The Equitable Remedy of Compensation' (1982), defends equity as a principle within the law suggesting that, 'compensation or damages in equity were traditionally said to aim at restoration or restitution, whereas common law tort damages are intended to compensate for harm done.... In 'Meusrier' 'the court abated the damages award, a common law remedy, in a fashion similar to how a court may abate the purchase price when making a decree of the equitable remedy of specific performance' according to Thomson Carswell....
9 Pages
(2250 words)
Case Study
The paper 'International Environmental law and Sustainability of Global Commons' tries to answer the question of sustainability of natural common assets such as oceans and atmosphere through legislation, the examples of which include Kyoto Protocol, The law of the Sea, MARRPOL Convention.... Here, the crucial question arises to see whether the international treaties and agreements such as the United Nations Convention on the law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution by Ships (MARPOL, 1973/1978), and Framework Convention on Climate Change (UNFCCC) and the others have been successful in ensuring the sustainability of global commons or not....
16 Pages
(4000 words)
Assignment
The paper "Tracing Rules at Law and in Equity" discusses that the processes of tracing at common law and at equity are two different things.... It is obvious from the discussion that the basis a claim of tracing at common law is restitution of property and the defendant can only be sued personally.... Lord Millet held that there was no need of having different rules in equity and at common law and that although the rules are different, the court should not create further differences in the two regimes....
9 Pages
(2250 words)
Case Study
"Business Association Research: Australia law" paper recommends the victim of insider trading is uninformed and small investors.... so if the fraud of insider trading was unearthed or it was made legal according to the opinions of some experts like Manne.... ... ... ... If the penalties and the compensation method is satisfying all the persons involved in the trading and the persons who are victims there is no necessity for criminalizing insider trading....
11 Pages
(2750 words)
Case Study