FE1 EQUITY & TRUSTS NIGHT BEFORE NOTES 8 Key Topics for Revision • • • • • • • • Maxims Injunctions‚ particularly Interlocutory Quia Timet Injunctions and Anton Piller Orders Rescission Secret Trusts Charitable Trusts Resulting Trusts Trusteeship Tracing 1. MAXIMS This topic is usually examined as one part of a three part question‚ where candidates have to attempt two parts. It has always been a straightforward essay style question. In some years‚ the Examiner asked about their contemporary relevance
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PREFACE This assignment throws glimpse on the important aspect of the Equity and trust-‘CONCEPT OF EQUITY’. The law relating to equity is largely built on precedent. The rules have been built upon by previous situations which they have dealt with. Equity" may generally be defined as the correction of a defect or error in the law. This idea is apparently of ancient origin‚ tracing back at least as far as Aristotle‚ who defined equity as an exception to the rule where the lawgiver ’s pronouncement is
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Equity and equity based financial assets What is equity? Equity is ownership interest in a corporation in the form of common stock or preferred stock. It is also total assets minus total liabilities; here also called shareholder’s equity or net worth or book value. In real estate: it is the difference between what a property is worth and what the owner owes against that property (i.e. the difference between the house value and the remaining mortgage or loan payments on a house). What is a financial
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What Happened at Coca-cola Advantage of Diversify Organization In a multicultural nation such as the United States‚ one would assume that the concept of diversity would have a clear definition; but the definition of diversity differs from person to person‚ from organization to organization‚ and from author to author. In some organizations‚ diversity is strictly focused upon race‚ gender‚ religion‚ and disability status; in other organizations‚ the concept of diversity is extended
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Specific Performance MT311 Business Law Part I There are four situations we have to review in terms of specific performance and possible breach of contract. First we must understand the elements of specific performance then we can evaluate how they relate to each scenario. “In some situations‚ damages are an inadequate remedy for a breach of contract…equitable remedies include rescission and restitution‚ specific performance‚ and reformation” (Miller & Jentz‚ 2009). Specific performance
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Ed Law 111 M-W 3:30-5:00 Assessment No. 3 Types of Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably
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Prepare written responses to the following questions and case problems from the Clarkson‚ Miller & Cross textbook; 1. Question & Case Problem #1-9 parts a-e (p. 27) a) In the lawsuit in which Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $3 million Arthur Rabe is the Plaintiff and Xavier Sanchez is the Defendant. b) If Rabe wants Sanchez to perform the contract as promised‚ the remedy Rabe would be seeking from court
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Valuation of equity Example based on dividend discount model : Vardhman limited’s earnings and dividends have been growing at a rate of 18% per annum. This growth rate is expected to continue for 4 years. After that the growth rate will fall to 12 % for the next 4 years. Thereafter‚ the growth rate is expected to be 6 % forever. If the last dividend per share was RS. 2.00 And the investor’s required rate of return on verdhman’s equity is 15% what is the intrinsic value per share? Step 1: the
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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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Firstly it must be decided whether Shehan has bought Locke House subject to any interests with protected priority as set out in the Land Registration Act 2002 s.29 covering registered charges‚ interests protected by notice or those which override the purchaser interests. 12 When dealing with interests protected by notice Shehan as the buyer should have checked the register prior to the completion of the sale and inspected the land for any evidence of overriding interests. Should there have been
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