Last edited by T. H. Flood & Co.
07.06.2021 | History

1 edition of Cases on the law of equity jurisprudence and trusts found in the catalog.

Cases on the law of equity jurisprudence and trusts

selected from American and English decisions

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        StatementT. H. Flood & Co.
        PublishersT. H. Flood & Co.
        Classifications
        LC Classifications1909
        The Physical Object
        Paginationxvi, 114 p. :
        Number of Pages78
        ID Numbers
        ISBN 10nodata
        Series
        1nodata
        2
        3

        nodata File Size: 7MB.


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In much the same way as the common law it sought to enhance, it was criticised as having ceased to be responsive to the changing needs of society and for having become bound up in too many technical rules to perform its traditional role. An equitable lien is not an estate or property in the thing itself, nor a right to recover the thing, that is, a right which may be the basis of a possessory action; it is neither a jus ad rem nor a.

The exclusive right to the use of a proper trademark will be protected by injunction. So equity did not destroy the law in this instance; but fulfilled it. The equitable doctrine of bona fide holder for value is very similar to that existing in the case of negotiable instruments, and is to the effect that a person who, in good faith, purchases property f.

It may be brought either against the complainant, or against. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. Thompson V Mecham-donatio mortis causa not for fear having plane crash. Wells, the motions; and the Hudson Iron Company appealed.

In some jurisdictions there must be a rule upon the defendant to answer before a bill. This self-adaptive characteristics has sometimes been captured by the modern term Unconscionability. If there are notes, bonds, other choses in action, the parties in any way interested should be notified.

Case Law

The proper forms of equitable relief in the case of written instruments entered into under the influence of fraud or mistake are the reformation or the cancellation of such written instrument.

The trustees could override the wishes of an individual beneficiary, as long as they were satisfied that they were acting in the best interests of the trusts and all the beneficiaries.

But Maine in his piece Ancient Law 50 1912 ; stated that Equity anchored on universal principles is sufficient to provide certainty. Bills of interpleader have been already discussed under the subject of Equity Jurisprudence.

There are many who argue that the fusion argument as a result of the JA is a distraction. When Vautier reached the age of majority, which was then 21, he wanted the whole fund transferred to him and did not want to wait until he was 25. As a general rule, equity will not enforce specific performance of an oral contract, which, under the statute of frauds should have been in writing. It also includes a foreword by the Honourable Justice Geoffrey Nettle of the Australian High Court.

Each case must be governed by its own peculiar circumstances, and in that in hand we think appellant either had actual knowledge, or actual notice of such facts and circumstances, as by the exercise.

Its piecemeal development took place over many years as a direct result of the injustices often caused by a strict application of the common law.