Equity – Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is ‘the saving supplement and complement of the Common Law….’ which prevails over the Common law in case of conflict between both the laws and thus by repairing […]

Brief 102317 Supply Day: 13/08/2005 Title: “The remedial constructive belief has taken root in the United States and Canada: it is unlikely to do so in England” – Millet LJ in Restitution and Constructive Trusts 1998 114 LQR p399 Explain the distinctions among remedial and institutional constructive trusts and the rewards and cons of each […]

Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it […]

Explore what is meant by a ‘duty of care’ in the tort of carelessness. Demonstrate the examination which is applied in the tort of carelessness to determine regardless of whether the defendant breached the lawful duty of care owed to the claimant. What components would a court consider into account when deciding how a fair […]

Introduction The word “ejusdem generis” means “of the same kind or nature”.[1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class […]

Deal legislation trouble question – Posh Posters (2500 text) This state of affairs relates to two firms, Quite Paintings Restricted (“Paintings”), and Posh Posters Minimal (“Posters”), who are engaged in the poster trade. They have entered into industrial relations with one a different in respect of some inventory, specifically 1000 posters, which Paintings has offered […]

Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century. However, the English legislation system is the foundation of Australia law that is still needed […]

Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. […]

1 Issue 1 Sure, Barack is liable to Theo-Paul below the tort of carelessness. The negligence element of tort legislation entails unintended hurt triggered by one’s carelessness. Proving carelessness entitles the hurt plaintiff to becoming payment for the injuries to their human body, residence, feelings, fiscal standing, personal associations or reputation. Just one have to […]