StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Undergraduate LAW seen exam questions - module title : Title and security - Essay Example

Cite this document
Summary
He also got a loan from Adverb for buying car but misused same for investments in shares. He also embezzled funds of the Cricket Club. His account in the bank where he…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.4% of users find it useful
Undergraduate LAW seen exam questions - module title : Title and security
Read Text Preview

Extract of sample "Undergraduate LAW seen exam questions - module title : Title and security"

Download file to see previous pages

Equity adopts a wider scope and has developed to an extent where property such as money can be traced even where there is mixed funds. Traced funds can be awarded to the Plaintiff. Common law is capable of tracing the legal ownership of property but is limited to being able to do this only where there have been clean substitutions Smith, The Law of Tracing, (1997) pp 162-174 (1815) 3 M & S 562 One of the main cases that established the ability to trace property is Taylor v Plummer. In this case total property was given to Plaintiff.

But subsequent cases have held that common law property cannot trace money that has mixed funds, Diplock (1948) Ch.65CA. In this case only those assets that could be traced were returned to Plaintiffs. It would appear from the cases above that common law would not be able to assist the parties but that they will succeed under equity. The question then that would arise is whether they would be entitled to equal shares of the money or whether it would be distributed according to the amount taken from each.

In the above case the Trace is clear. Both shares of X C and Y Co have been purchased out of money received from Soon Ltd and Adverb plc. The gift of Furniture can also be traced clearly. Most cases support the view that tracing operates by descent of title. The money received from Soon Ltd., can be justifiably said to belong to Adverb plc as this would have been their discount or earning, had Bob not taken this wrongfully as illegal commission. Hence all these shares now valued at 17670 are likely to be given to Adverb plc.

The Gift of Furniture was out of misappropriated funds and has to be returned. Hence the Furniture now valued at 1000 will be turned over to Adverb plc. This leaves a balance payable 11330 to Adverb plc and 1924 to the Cricket Club. Since Bob is the treasurer of the Club he is in a fiduciary capacity and therefore the club has a first claim

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Undergraduate LAW seen exam questions - module title : Title and Essay”, n.d.)
Undergraduate LAW seen exam questions - module title : Title and Essay. Retrieved from https://studentshare.org/miscellaneous/1540596-undergraduate-law-seen-exam-questions-module-title-title-and-security
(Undergraduate LAW Seen Exam Questions - Module Title : Title and Essay)
Undergraduate LAW Seen Exam Questions - Module Title : Title and Essay. https://studentshare.org/miscellaneous/1540596-undergraduate-law-seen-exam-questions-module-title-title-and-security.
“Undergraduate LAW Seen Exam Questions - Module Title : Title and Essay”, n.d. https://studentshare.org/miscellaneous/1540596-undergraduate-law-seen-exam-questions-module-title-title-and-security.
  • Cited: 0 times

CHECK THESE SAMPLES OF Undergraduate LAW seen exam questions - module title : Title and security

System of Deeds Registration and Land Title Registration

When land is considered as an asset, the security will be demanded for the rights on that land.... In this paper we discuss and find the importance of the methods of registration and find the reasons for the significance of title registration when compared to deeds registration.... This paper looks at the differences between the both the types of registrations and the information and management that is needed for executing the title registration....
7 Pages (1750 words) Essay

Major Questions in Property Law

where the operation of law based on the Torrens title affords.... The Torrens system established under the Real Property Act provides a State guarantee of the owners title to land.... … He/she who is a holder of title under the Torrens System shall have absolute right over the property as against any claimant thereof.... By virtue of its nature, an annotation on the Torrens title is indefeasible.... Where there is clear showing that the property is held under the Torrens title, the argument in Garcia shall not be applicable....
7 Pages (1750 words) Essay

Psychographic Segmentation of Potential Customers

Marketers, historically, have utilised geographic and demographic characteristics as the primary basis behind the division of consumers into viable market segments (Boone & Kurtz, 2006).... Many businesses have found success through these rather traditional marketing efforts.... hellip; r, as contemporary consumers become more sophisticated and complex markets, the need for fuller, more realistic portraits of consumer lifestyles is becoming more prevalent for todays marketers....
8 Pages (2000 words) Essay

Title and Security

In this case study, it is seen that, since Simon and his parents are cohabitants, the possibility of undue influence exercised by Simon, over his parents, for pecuniary advantages could be existent.... This writer has made forays into the various aspects governing property law in the UK context, such as - undue influence and misrepresentation, tracing and the various other aspects surrounding the highly intricate aspects of application and interpretation of these laws which… While a lot would depend upon the characteristics of each particular case, and the arguments put forward, both by the Prosecution, as well as the Defence Counsels, the Courts may, at its discretion, and, if However, the Courts' decisions need not be influenced by legal precedents, and it is also at will to break new legal grounds and establish legal precedents and draw inferences and verdicts, based upon their own assessment of the facts surrounding the cases and may not need to pay deference to any earlier decisions, if they feel it necessary to act so, in the greater interests of imparting of correct legal justice and protection of interests of the concerned parties....
4 Pages (1000 words) Essay

Legal Interests of a Purchaser of the Legal Estate

However, where the title is registered it is easier for a third party to protect equitable interests.... The Law Commission Report Number 271 highlighted the central objective of the A 2002 being to create a land registration system that is an accurate reflection of the true state of title to a registered estate of land at any time.... Furthermore, one of the central purposes of the 2002 Act was “to reduce the number of overriding interests which are binding upon a purchaser of a registered title” (Sexton 122)....
11 Pages (2750 words) Essay

Title 5 response

These guidelines also act as their job security in case of any disputes regarding the issues discussed in the title such as terms of employment like training, educational qualifications, pay, code of conduct among other issues which are not usually paid much attention to by employers and employees in the private sector.... This is so because it provides clear guidelines of how the executive and government employees should be employed (in terms of… All these according to this title are stipulated to be based on the principle of equality and fairness to all its employees without Government Affiliation: 5 of the USC according to Kearney and Berman, 1999 is an indication of the articulate nature at which the government performs its functions....
1 Pages (250 words) Essay

Title ix

title IX coincided with the second wave of feminist thought that brought about revolutionary changes in favor of women's inclusion in sports in the American society in the 1970's.... At the same time it must be understood that title IX does not explicitly deal with college athletics.... Therefore, its scope is not limited to Furthermore, while title IX legally prohibits discriminatory practices in state funded programs, it does not order the maintenance of strict ratio between the proportions the two genders in the institution's athletic programs and its student body (Cohen v....
5 Pages (1250 words) Research Paper

A Violation of Title IX Law

In the paper “A Violation of title IX Law” the author focuses on a violation of title IX law.... title IX law requires that no one shall be excluded from participation, denied benefits, or be subjected to any form of discrimination.... hellip; The author states that the first compliance test of title IX is that enrolment of women should be proportional to sports participation for example if enrolment is at 49%, sports participation ought to be 49%....
2 Pages (500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us