Strong V Bird
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Strong V Bird
''Strong v Bird'' 874LR 18 Eq 315 is an English property law case. It is an exception to the maxim: ''Equity will not assist a volunteer''. Facts Bird borrowed £1,100 from his stepmother. She was living with him and paying him rent. It was agreed by both parties that the loan was to be repaid by a reduction in the rent, until the loan was settled. Bird’s stepmother only paid the reduced rent twice. Thereafter, she paid the full rent until her death. On her death, she appointed Bird as her executor and the next of kin now attempted to recover the debt from Bird. The conduct of his stepmother (stopped paying the reduced rent as per their agreement) does not discharge the debt at law because there was no consideration provided for the release. The issue was whether Bird must pay back the loan. Judgment The appointment of Bird as the executor was an evidence that the loan to Bird was a gift to him. This is because the executor is responsible for calling in debts to the testator's ...
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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ...
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George Farwell (judge)
Sir George Farwell (22 December 1845 – 30 September 1915) was an English judge, noted for trying the ''Taff Vale'' case at the first instance. Biography Farwell was born in Codsall, Staffordshire, the second son of Frederick Cooper Farwell, agent to the Duke of Cleveland, and of Louisa Whitbread, ''née'' Michell, daughter of Admiral Sir Frederick Michell. He was educated at Rugby School and Balliol College, Oxford, where he took first class honours in classical moderations and second class honours in '' literae humaniores''. He was called to the bar in 1871. In 1891 he became a QC and in 1895 a bencher of Lincoln's Inn, while in 1899 he was raised to the bench. In 1900 he came into prominence over the case known as the Taff Vale judgment. His decision, though reversed by the court of appeal, was upheld in 1901 by the House of Lords, and ultimately led to the passing of the Trade Disputes Act (1906). In 1906 Farwell was made a Lord of Appeal, but resigned this position in ...
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English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ...
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Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ...
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English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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1874 In British Law
Events January–March * January 1 – New York City annexes The Bronx. * January 2 – Ignacio María González (politician), Ignacio María González becomes head of state of the Dominican Republic for the first time. * January 3 – Third Carlist War – Battle of Caspe: Campaigning on the Ebro in Aragon for the Spanish Republican Government, Colonel Eulogio Despujol surprises a Carlist force under Manuel Marco de Bello at Caspe, northeast of Alcañiz. In a brilliant action the Carlists are routed, losing 200 prisoners and 80 horses, while Despujol is promoted to Brigadier and becomes Conde de Caspe. * January 20 – The Pangkor Treaty (also known as the Pangkor Engagement), by which the British extended their control over first the Sultanate of Perak, and later the other independent Malay States, is signed. * January 23 **Alfred, Duke of Saxe-Coburg and Gotha, Prince Alfred, Duke of Edinburgh, second son of Queen Victoria, marries Grand Duchess ...
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1874 In Case Law
Events January–March * January 1 – New York City annexes The Bronx. * January 2 – Ignacio María González becomes head of state of the Dominican Republic for the first time. * January 3 – Third Carlist War – Battle of Caspe: Campaigning on the Ebro in Aragon for the Spanish Republican Government, Colonel Eulogio Despujol surprises a Carlist force under Manuel Marco de Bello at Caspe, northeast of Alcañiz. In a brilliant action the Carlists are routed, losing 200 prisoners and 80 horses, while Despujol is promoted to Brigadier and becomes Conde de Caspe. * January 20 – The Pangkor Treaty (also known as the Pangkor Engagement), by which the British extended their control over first the Sultanate of Perak, and later the other independent Malay States, is signed. * January 23 **Prince Alfred, Duke of Edinburgh, second son of Queen Victoria, marries Grand Duchess Maria Alexandrovna of Russia, only daughter of Tsar Alexander III of Russia. ...
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