Introduction The paper aims to discuss the comprehensive and significant findings of the topic that is whether the duties of constructive trustee have been equated with the expressive trustee. The paper will highlight both the trustees in a detailed discussion. This discussion will bring differentiation between both aspects. The paper will also aim to distinguish circumstances surrounding the statutory direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive
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return that Costco realizes on equity capital can either be reinvested back into the business or paid out to investors as dividends and common stock repurchases. If no dividends or share repurchases were made and earnings were reinvested back into the business at the same incremental rate of return‚ the company’s return on equity would hold constant over time. In reality‚ most companies‚ including Costco‚ frequently experience changes in their return on equity‚ and distribute some portion of
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fourteenth centuries. Common law criticized rigid as before and causes normally arose where the gathering mistreated could achieve no redress under the surviving law and modes of procedure. Equity According to law‚ equity means the rules‚ which have been developed to ease the severity of the common law. The word “equity” means fair and it created new rights by giving beneficiaries rights against trustees by recognizing trusts. It offers a wide range of remedies than common law. It recognized trusts of
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the return that Costco realizes on equity capital can either be reinvested back into the business or paid out to investors as dividends and common stock repurchases. If no dividends or share repurchases were made and earnings were reinvested back into the business at the same incremental rate of return‚ the company ’s return on equity would hold constant over time. In reality‚ most companies‚ including Costco‚ frequently experience changes in their return on equity‚ and distribute some portion of
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Equity Essay 1. Introduction Two jurisdictions of law exist in Australia: equity and common law. ‘Equity is ‘the body of law developed by the Court of Chancery in England before 1873. Its justification was that it corrected‚ supplemented and amended the common law. It softened and modified many of the injustices at common law‚ and provided remedies where‚ at law‚ they were either inadequate or non-existent.’[1] Common law is ‘the unwritten law derived from the traditional law of England as
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“The current law on the establishment and regulation of a co-ownership interest in land is unsatisfactory.” Discuss. Co-ownership forms one of the most complex areas in land law. It requires constant updating over time as social structures and patterns of living evolve in society. This essay will discuss the many difficulties that regularly arise in this delicate area of the law for which there is no simple‚ all-encompassing solution. Specifically it will cover the common intention constructive
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MLC707 Commercial and Corporations Law Trimester 3‚ 2014 Feedback Research Assignment (15%) Points to note: Students have been shown in class on how to solve a law problem assignment – ie‚ essay or report format is expected‚ with clear introduction outlining the legal issues to be discussed at the onset‚ followed by clear statements of relevant principles and demonstration of how those legal principles are applicable to the given facts. Some students will merely refer to the principles in Amadio
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Daniel Pitaluga. “[On one view of proprietary estoppel] ‘unconscionaibility has no independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense
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What is the nature and extent of the employee’s duty of confidentiality? Introduction In every business enterprise‚ there is certain information that employer’s wish to remain confidential. This is particular vital in the global era where there is lower job security‚ higher job mobility and situations where employees work multiple jobs. Employees are bound by the duty of confidentiality‚ where they are forbidden to disclose certain information obtained during the course of employment. The
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expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract. It is the role of equity to uphold the intention of the parties in an agreement based on the equitable maxims “Equity looks to the intention‚ not the form” -If the instrument recording the agreement does not reflect the true intention of the parties die to the common mistake or fraud‚ the equity will intervene and order rectification of the instrument/written contract. The step in the formation of contract:
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