Mark’s girlfriend Zoe has an Express Trust, signed by Mark at the time that he acquired the property, stating the interest that Zoe hold in the property (LPA 1925, s.53 (1)(b)). If the declaration specifies the parties’ respective beneficial shares, it will be conclusive as to the practical enforceability of the trust (case of Goodman v Gallant [1986]). Otherwise, the division of the property will be decided following the rules of the resulting and constructive trusts. Zoe could have protected her interest by an entry of a restriction in the proprietorship register to which it relates (Section 40 & 43 LRA 2002), and so, preventing Mark from selling the property without appointing a second
Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route. These men had both received permission to operate their steamboats from two different places. Gibbons received permission from the Federal Government, while Ogden had received his from a state government. When the case reached the Supreme Court,
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
The importance of social context in Land Law and the reforms which have occurred as a result cannot be ignored or their significance understated. In particular is the impact of the shift in the twentieth century to ‘emergence of a property owning, particularly a real-property-mortgaged-to-a-building-society-owning-democracy’. Such growth could hardly have been anticipated when the LPA 1925 was drafted and subsequently became statute. As a consequence of this growth the doctrine of the resulting trust and to a greater extent, the constructive trust became a robust mechanism by which non legal owners could establish beneficial interests in the home. Swadling comments on the ‘complete change in attitude’ between the emphasis on security of ownership of the home in Boland and the free marketability of land which we see in Flegg. He states ‘one wonders what has happened to the demands of social justice which justified their Lordships decision in 1980 (in Boland) over such a brief passage of time’. Did the House of Lords fail to resolve the very practical issue with which they were presented that had evolved over the passage of social change since the drafting of the 1925 legislation?
Troy Gregg was charged and sentenced to death for the robbery and murdered of Fred Simmons and Bob Moore. Gregg and Floyd Allen were hitchhiking in Florida when they were offered a ride by Fred Simmons and Bob Moore. During their journey, they picked up Dennis Weaver, another hitchhiker, that only stayed with them until Atlanta. During one of their stops, Troy Gregg murdered Simmons and Moore and stole their money and car. Weaver had contacted the police after hearing about a shooting the next day. After Gregg was found guilty, his punishment was between life-in-prison and the death penalty. The court sentenced Gregg to the death penalty, but Gregg challenged the court claiming that his death sentence violates his eighth
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
US Supreme Court in 1927, in the case Buck v. Bell put a legal example that states can sterilize public institutions inmates (Lombardo, 2009). The argument of the court was that epilepsy, feeblemindedness, and imbecility are hereditary and it was important to the inmates from passing these defects to other generations. May 2nd 1927, the court ordered Buck Carrie, whom it referred as a feebleminded daughter to get sterilization following the 1924 Virginia act of Eugenical Sterilization. Carrie had a feebleminded daughter and her mother was feebleminded too. The case determined that obligatory sterilization laws did not infringe the due process given by the US constitution 14th amendment. It established the legal mandate and bolstered US eugenics movement for sterilizing over 60,000 citizens in over thirty states. Most of these practices ended in 1970s (Reilly, 1991).
Margaret Fuller was one of the most influential woman of her time. She was a very intelligent woman that had concurred three languages by the age of thirteen. She used her knowledge to open the eyes of many people. She was a true Transcendentalist. She was very vocal about her views on gender roles of the nineteenth century even though they were not considered traditional. She challenged the conventional gender roles of the men and women. She was not afraid to tell women to fight for their natural rights. Her audience was composed of both men and women. She makes sure to point out that when she speaks of men, she is referring to both men and women. One of her greatest literature written was The Great Lawsuit. It was
McCulloch v. Maryland is the record of one of several federalism court cases, which concern states' rights over the federal government. On March 6, 1819, the record was delivered by chief justice John Marshall, in the light of the huge debts the United States incurred after the War of 1812 against Britain. The holding of the Court was in favor of the Second Bank of United States.
The Supreme court case Dredd Scott v Sandford brought up the question on whether slavery would be permitted in the new territories that had been threatened in the union . In addition to these questions, it also raised the question , on what the constitution had to say on this subject matter. Before this case was put into action, from the early 1780s the question of slavery being debated, over the years, many compromises were made to avoid the union being disbanded or in a form of distress. Dredd Scott was a slave of an army surgeon , named John Emerson. Dredd Scott had been taken from Missouri to Illinois during the 1840’s before returning to Missouri. during that time , the Missouri compromise had been formed which was a federal statute that regulated slavery in the western territories.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
It has been generally acknowledged that the doctrine of proprietary estoppel has much in common with common intention constructive trusts, i.e. those that concern the acquisition of an equitable interest in another person’s land. In effect, the general aim is the recognition of real property rights informally created. The similarity between the two doctrines become clear in a variety of cases where the court rely on either of the two doctrines. To show the distinction between the doctrines, this essay will analyse the principles, roots and rationale of both doctrines. With reference to the relevant case law it will be possible to highlight the subtle differences between the doctrines in the cases where there seems to be some overlap. Three key cases where this issue surfaced were the following: Lloyds Bank Plc v. Rosset (1991), Yaxley v. Gotts (1999) and Stack v. Dowden (2007). This essay will describe the relevant judgements in these cases in order to show the differences between the two doctrines.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Current English land law on the co-ownership of interests of land has developed quite a contentious history pertaining to the relationship between the acquisition of rights and the quantification of the shares. In terms of co-ownership, there are huge variances and legal consequences when legal ownership is in one person’s name compared to two. These differences can be seen in various landmark cases which have created precedent and developed refined principles such as Lloyds Bank plc v Rosset and the Stack v Dowden. For the courts, it has often been relatively complex to distinguish between constructive and resulting trusts and to decide on the procedure to be used for the quantification of equitable entitlement once the decision to impute has been established. The quantification of resulting trusts is carefully considered in both, Midland Bank v Cooke and Stack v Snowden. In many co-ownership cases dealing with the acquisition of rights and the quantification of shares, the outcomes aren’t always proportionate. Reasons can include the ambiguities in the identification and changes of common intention and contributions types. In speaking to this issue, Baroness Hale stated in Stack v Dowden that “each case will turn on its own facts” and furthermore elaborated on the conditions for a common intention construct arising. It is furthermore important to critically discuss the repercussions these cases have for the future of co-ownership law to reconcile existing sources of confusion.
The legal issue of constitution of trusts is very important, judicial decisions over the years on cases where trusts were not properly constituted indicates that constitution of trusts could be quite complex and must be very cautiously done by a property owner as a simple factor could make his trust void. An express trust is completely constituted either by effectively transferring property to trustees or by effectively declaring a trust. In case of personal property, the declaration of the trust may be put in writing; however, equity will not perfect an imperfect gift. It is only when the trust is constituted that it is binding on the settlor. The long-standing idea that equity will not perfect an imperfect gift can be traced back to the 19th century cases of Ellison v Ellison and Milroy v Lord , and was further emphasized in the 20th century in the case of Re Fry .