DOWNLOAD http://www.supportonlineexam.com 1) Which of the following is a distinguishing feature of a common law legal system? A. An appeal process B. The making of law by the judges and the following of precedent C. The sole source of law is a comprehensive civil code D. Requiring guilt be proven beyond a reasonable doubt 2) Which of the following is true about litigatingcommercial disputes? A. A few states have established specialized trial courts for commercial disputes. B. Businesses generally
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The legal estate may only vest with 3 parties: o Vendor before settlement o Purchaser post settlement (who may be subject to) o First mortgage post-settlement • Interests may also be non-legal in nature‚ such as those from statute: • Deeds of easement • Deeds of Lease • Lease that complies with s23D CA o Immediate right to possession o Less that 3 years in duration o Obtained for the best rent possible Equitable Interests • Purchaser has a legal interest prior to exchange of contracts
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------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- LAWS2017 Real Property ------------------------------------------------- Comprehensive Study Notes 1. Common Law and Equitable Approached to Competing Interests The basic rules
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Registered Land (II): Operation of registered land - Classes of title: The proprietary register of the land registry tell you the nature of the property+ describe the quality/grade of the title. Quality of the title: Introduction of the registered land‚ since most of the land is unregistered‚ is difficult to find who owns it better. a) S9‚ s10 LRA 1925 provided 7 grades of title: (i) Freehold • Absolute freehold: -Does not mean that the title is absolutely free of defects or encumbrances
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Explain to Lionel and Michael how the legal and equitable estate in 6 and 7 High St. is held and whether or not Lionel could force Michael to sell the freehold estate in the premises. Before establishing who holds the legal or equitable estate‚ it’s important to understand what either of these roles incurs. The person in charge of the legal estate is responsible for the maintenance and administration of the land. They have the right to sell or lease the land and are also responsible under Occupier’s
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1941 15 pages [1941] 1 MLJ 63 YONG JOO LIN YONG SHOOK LIN AND YONG LOO LIN v FUNG POI FONG [APPELLATE CIVIL JURISDICTION] TERRELL AG CJ SS GORDON-SMITH AG JA & HORNE J CIVIL APPEAL NO 7 OF 1940 17 January 1941 Easement of support -- Presumption of lost modern grant -- Acquisition of easement of support after uninterrupted user for twenty years possible in the FMS -- Land Code 1926 -- Civil Law Enactment S 2 -Specific Relief Enactment 1903 1941 1 MLJ 63 at 64 The plaintiffs alleged that after thirty
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land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2010 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit‚ where applicable‚ for other points not addressed
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Rights above and below land The concept of “land” only extends upwards to a height necessary for the ordinary use and enjoyment of the surface (Bernstein v Skyviews & General Ltd [1978])Trespass above land at lower levels: “not whether the incursion actually interferes with the occupier’s actual use of the land at the time‚ but rather whether it is of a nature and at a height which may interfere with any ordinary uses of the land which the occupier may see fit to undertake” (LJP Investments v Howard
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Question # 1 – What were Birdwell’s options on July 5? Doctrine of Equitable Conversion – once a contract is signed‚ equity regards the buyer as the owner of the property. The seller’s interest is looked at as personal property. The legal title of the property remains with the seller and is considered to in trust and the risk is on the seller. The right of possession follows the legal title; the seller is entitled to possession until closing. Risk of Loss – there is a split of authority
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* Necessity for Close Supervision The necessity for a considerable amount of supervision on the part of the credit manager over his staff is quite apparent. Credit men operate during much of the working time away from the home office removed from definite and direct executive control. However‚ one method which could make the credit men do their job‚ as expected of them is to give them a “Deadline” for the case they have under investigation and study. Psychologists suggest three important appeals
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