CHECK THESE SAMPLES OF Equity and Trust, Contractual Right
It is necessary to discuss common law development, creation and maxim of equity along with Judicature Act 1873.... equity is uniquely conscience based and is a discretionary regime which has its own set of principles .... ometimes it can be more powerful than common law rights, because when common law fails to provide adequate remedy, equity may come into force to provide remedy.
... equity to the layman means fairness and justice, but in the legal context its meaning is much more strictly defined....
14 Pages
(3500 words)
Case Study
The author of the paper comments on the issue of pension trust funds.... According to the text, trusts are generally used in order to provide money for the benefit of another person or persons but to provide them in such a manner that the person benefiting from the trust does not control anything.... Trusts can be classified into a large number of types such as express trusts, implied trusts, constructive trust, simple trust, special trust, private trusts, public trusts, fixed trust, discretionary trust, hybrid trusts, pension trusts and so on....
10 Pages
(2500 words)
Essay
B agrees with C that C shall have the right to... The writer of the following paper intends to shed the light on the terms of trust and equity in the scope of the law.... doubt equity is considered an addition to the common law through two sets of rules, which though distinct, must not be looked upon as two co-ordinate and independent systems.... On the contrary, the rules of equity are only a sort of supplement or appendix to the Common Law; they assume its existence but they add something further....
10 Pages
(2500 words)
Essay
It seems not entirely wrong, to say that lawyers and legal theorists tend to deal with the first option, a rule-bound jurisprudence of equity and literacy practitioners with the second, a less formal, more allusive supplementary notion of equity.... This paper under the title "The trust Intention and Equity" focuses on the fact that no doubt equity is considered an addition to the common law through two sets of rules, which though distinct, must not be looked upon as two co-ordinate and independent systems....
9 Pages
(2250 words)
Essay
In the paper 'equity and trust' the author analyzes a legal instrument that serves to ensure that the proceeds of an estate/business are fairly and equitably administered.... The author states that the invention of the trust cannot in itself, be viewed as the ultimate achievement since there is a long history of established principles of equity that have been responsible for setting up the ideological framework of the law.... Irish courts have often adopted an innovative approach to trust law by enabling an aggrieved party to obtain fair recompense through a principle that was described by Lord Denning as 'Justice and good conscience' 2 ( )....
12 Pages
(3000 words)
Assignment
Conversely, the fundamental distinguishing nature of a proprietary right is that it will bind third parties.... As such, the essential feature of the licence was as a personal right with no rights over land capable of binding successors to the licensor's title.... Furthermore, proprietary rights are transferable and contractual rights are usually assignable.... Indeed, the availability of equitable remedies as a result of the implementation of the Supreme Court of Judicature Act 1875 has enabled the courts to develop the principles of proprietary estoppel as a method for binding third parties to licences, thereby conferring proprietary status through the backdoor; blurring the distinction between contractual rights under a licence and proprietary rights afforded protection under an estoppel licence....
5 Pages
(1250 words)
Essay
This essay "The Rise of Equity" briefly explains the rise of equity and demonstrate its application and development in an important doctrine of contract law, promissory estoppel.... equity and its development are something that all law-abiding citizens should be proud of.... Following this, there were courts of both equity and law.... Estoppel is one of the crowning achievements of equity in the common law system.... equity permits a judge to use his or her discretion to ease justice into a judgment, should certain facts be in play....
6 Pages
(1500 words)
Essay
This work called "equity and Trusts" tends to advise David based upon the fact that whether Victoria has any claim to the house in support of UK law cases.... Real property is dealt in a legal manner through contractual deeds or contracts.... However, there was no contractual agreement between David and Victoria.... aw of real property has been developed in the constitution of England and Wales with the objective of protecting the rights, equity along with legality in relation to the property....
6 Pages
(1500 words)
Case Study