Introduction Equity developed to correct injustices, arising when the Common Law fell short of an ‘ideal’ regarding the provision of rights or remedies. Equity remains a relevant fixture of Australia’s legal system as the ‘… fundamental notions of equity are universal applications of principle to continually recurring problems; they can develop but cannot age or wither.’[1] The ‘undue influence’ doctrine and Garcia v National Australia Bank Ltd.[2] (Garcia) are illustrations of the High Court’s
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Judgement: The answering of above questions will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness
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quality and inventiveness. The confidence that radiated off of Tony and his group probably enticed others to join them. They felt like they were the best so they acted like it and it made people want to be on their team. Correlating this to the equity theory, they felt that if they put in the effort, the outcome would be positive recognition by their peers. Tony was very skillful so being with him made others look good. This group was also cohesive in and out of the work place. They would get together
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Express Trusts – How do they work? LAW351 Equity & Trusts, Week 12 Friday Agenda Today * Trustees’ Powers * Trustees’ Rights * Beneficiaries’ Rights * Remedies for Breach of Trust Trustees Powers * The trustee has the powers conferred upon him in the trust instrument. If any * First in the instrument then look at the act(statute), if that fails you go to the court and seek a court order Statutory Trustees’ Powers * In addition to these, trustees have
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Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice is going to identify a trust is in
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Running Head: Financing Alternatives Lester Electronics Financing Alternative Benchmarking for Bernard Lester University of Phoenix MBA – 540 Introduction In this paper will compare and contrast issues that various companies had experienced in past mergers to the issues presented in the Lester Electronic Scenario. The companies benchmarked are Disney-Pixar, Lucent-Alcatel, Monaco Coach Corporation, SMC Corporation, Infosmart-Cyber Merchants, Fidelity Bank of Nassau, Royal Bank
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Jun.25th 2014 Background Timken Company Overview Founded in 1898 by Henry Timken and incorporated in 1904, The Timken Company (“Timken” or “the company”), is headquartered in Canton, Ohio. Timken is the largest manufacturer of tapered roller bearings and alloy seamless mechanical steel tubing in the United States and a leading global manufacturer of highly-engineered bearings, alloy and specialty steels, and a provider of related products and services. Timken is the largest North American-based
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Takata’s Faulty Airbags Still Exact Toll as Recalls Lag Suggestions; 1: I believe that in order to lower the toll of faulty airbags, the drivers should beware of how they are driving. Drivers should be more focused on their safety then answering phone calls and texts. During an inspection, when the driver is informed that their airbag is defaulted they should order a new air bag and during the waiting time frame try to use a different transportation, and if there is no other source of transportation
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to start by defining equity according to the Webster’s Dictionary as ‘a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law’ (Marriam-Webster.com). Also maxims is defined also by Webster’s Dictionary as ‘a general truth, fundamental principle, or rule of conduct’ (Marriam-Webster.com). Therefore the maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to
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Effects of allowance Efficiency considerations While the scheme is efficient in that it does encourage access to tertiary education through breaking barriers concerned with cost of tertiary education, there are some efficiency considerations concerned to the provision of student allowances which need to be addressed. Due to the fact that once the student earns over $195.78, the student allowance payment is abated at one dollar per dollar earned acts as a disincentive for the student to partake
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