...Notes for Real Property Assignment 2 INVALID RESTRAINT ON ALIENATION: There are five basic conditions that must be met in order for there to be an effective real covenant and equitable servitude: 1. It must be enforceable. To be enforceable it must not be too vague, it must not violate a statute or the constitution, it must not violate public policy, and it must meet the requirements under the statute of frauds. 2. It must touch and concern the land. 3. It must be intended to run. 4. There must be privity between the successive occupants. 5. There must be notice of the existence of a real covenant/equitable servitude. Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty. It is an important concept in contract law. An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. However, covenants and equitable servitudes should not be confused. One may tell the difference based on the remedy plaintiff seeks. Holders of a covenant seek money damages, but holders of equitable servitudes seek injunctions. “four unities” 1) Time: Both parties must have received the property at the same time 2) Title: Both parties must have received the property via the same written instrument 3) Interest: Both parties must own the same estate in the property 4) Possession:...
Words: 1479 - Pages: 6
................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches remain and coexist with the statute of limitations on the theory that Congress legislates against the background of traditional equitable principles? * Assistant Professor, UCLA School...
Words: 8584 - Pages: 35
...Equitable Life Ever since the celebrated House of Lords’ ruling against the company in July 2000, life appeared awfully inequitable to policyholders of Equitable Life Assurance Company. Equitable Life, the staple of Britain’s pension industry, with over a million policyholders, including a plethora of the biggest British companies, the parliamentary pension fund, the Personal Investment Authority, had no choice left but to announce that it was up for sale. To be able to cover the liability worth about £1.5 billion, it froze the value of all current with-profit policies and imposed an exit penalty of 5% on withdrawals. Fifteen prospective purchasers looked at the books of the company, but all but one – Prudential – walked away from a deal. The final straw came in December 2000, when Prudential reached the decision not to buy Equitable Life. Following the decision, Equitable doubled the exit penalty for withdrawals to 10% and closed the fund for new investors. Numerous legal actions, investigations, and reports followed. Yet the debacle is still far from over, and new inquiries into this perhaps the most shocking collapse in the insurance industry keep pouring. Equitable Life’s growing problems and policyholders’ growing despair grab headlines in British press almost daily. On December 12, 2003, BBC News ran an article on Ann Berry, 65, a former physiotherapist from West Sussex, who should have been enjoying her retirement. Ann saw her £6,000 pension slashed by nearly a quarter...
Words: 314 - Pages: 2
...the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996) http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php 1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ” 2= Proviso : This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858) https://amin125.wordpress.com/2014/03/25/delay-defeats-equity/ Once the party knows they have been wronged, they must act relatively swiftly to preserve their rights. Otherwise, they are guilty of laches. Laches is a defense to an action in equity. This maxim is often displaced by statutory limitations, but even where a limitation period has not yet run, equity may apply the doctrine of...
Words: 606 - Pages: 3
...Judgement: The answering of above questions will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness and willingness, which is a condition precedent, must be in accordance with the terms of the agreement. In a suit for specific performance, person is to approach Court with clean hands. Right from the date of the execution till date of the decree he must prove that he is ready and has always been willing to perform his part of the contract. 2. Section 55 of Indian Contract Act,1872 provides answer to this problem. When a party to a contract promises to do a certain thing at or before a specified time, or certain thins at or before a specified time and fails to do such thing at or before a specified time, and fails to do such thing at or before a specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of essence of the contract. 3. Section 53 of Indian Contract Act,1872 provides answer to this problem - When a contract contains reciprocal promises and one...
Words: 769 - Pages: 4
...Trust Equity & Fiduciary Relationship DELAY DEFEATS EQUITY Vigilantibus non dormientibus aequitas subvenit INDEX OF AUTHORITY BIBLIOGRAPHY * Equity, Trusts and Specific Relief, B.M. Gandhi, 4th Edition, 2007 * Snell’s Principles of Equity, p. 33 * Frunk and Wagnalls Standard Hand Book. Fernald J.C, 1973 * Black’s Law Dictionary, 9th Edition, 2009 INDEX OF CASES * Allcard v Skinner (1887) 36 Ch D 145 * Lindsay Petroleum Co. v Hurd (1874) LR 5 PC * Nwakobi v Nzekwu 1964 WLR 1019 * Poole Corporation v. Moody, 1945 KB 250 * Smith v Clay 28 U.S. (3 Pet.) 411 * Ramsden v Dyson 1866) LR 1 HL 129 * Willmot v Barber (1880) 15 Ch D 96 * Prince of Wales v Collom (1916) 2 KB 193 * Forbes v Rall AIR 1925 PC 146 * Jadunath v Chandra Bhushan (1858) 6 HL Cas 633 * Union of India v Kishorilal Bablani (1999( 1 SCC 48 * Chatrabhuj v Mansukhram AIR 1925 Bom 183 * DDA v Ravindra Mohan Aggarwal (1999) 3 SCC 172 * Thakur Bai v Laxmi Chand AIR 1990 Del 223 * Mahadav v Kalekar v State Bank of Hyderabad (1990) 4 SCC 174 * Gauri Shankar Gaur v State of UP (1994) 1 SCC 92 * Ratan Chandra v Union of India 1993 Supp 4 SCC 67 * Krishna Dev v Ram Piari AIR 1964 HP 34 * Raghavan Nair v State AIR 1956 Trav. Co 77 * Tannu Singh v State of UP AIR 1992 NOC 9 * P.K. Ramchandran v State of Kerala (1997) 7 SCC 556 * Pallav Sheth v Custodian (2001) 7 SCC 549 * Tilokchand Motichand...
Words: 2587 - Pages: 11
...USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 6: 1.1 Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing...
Words: 2114 - Pages: 9
...Porter v Wertz (Powers) Citation. 22 Ill.53 N.Y.2d 696, 439 N.Y.S.2d 105, 421 N.E.2d 500 (1981) Brief Fact Summary. Plaintiff- Appellant allowed Von Maker (who posed as Wertz) borrow a painting to decide if Von Maker wished to buy the painting. Von Maker eventually sold the painting to a third party who resold the painting to a person in Venezuela, and Plaintiff- Appellant seeks to recover the painting. Synopsis of Rule of Law. Equitable estoppel as a defense against the rightful owner is not available to Defendants unless each element of the defense is proven, specifically, that the rightful owner gave indicia of ownership to another who had the apparent right to sell and that the buyer exercised good faith in the purchase. Facts. Plaintiff- Appellant (Porter) owned a painting by Utrillo named “Chateau de Lion-sur-Mer,” which he loaned to one who was actually named Von Maker but was posing as Wertz. The loan of the painting was made along with a purchase of another painting, which Wertz agreed to pay for in a deposit and a series of notes. When the first note was not honored, Plaintiff- Appellant sought to retrieve the Utrillo from Von Maker (posing as Wertz). Plaintiff- Appellant could not get in touch with Von Maker, but hired an investigator and discovered that he had not been dealing with Wertz, but had been dealing with Von Maker, who had a long history of fraudulent dealings. Thereafter, Plaintiff- Appellant made a contract with Von Maker (represented by counsel)...
Words: 884 - Pages: 4
...The film Stand By Me by Rob Reiner, teaches young viewers about life. The film revolutionizes and challenges how young viewers perceive the world. Stand By Me follows a quartet of young inseparable boys on a elusive and irrevocable quest to discover a dead child's body, where they are suffused into the pressures of adolescence, and uncertainty. It delves into the troubled dispositions of each characters whom are ostracized by their families. It explores the coming of age, as the young boys move closer destination, tension arises as they are overwhelmed by the solemness of what they are to find. It also emphasises that death is an essential and inevitable part of life, as illustrated by the untimely death of a young boy, Ray Brower. Stand By Me teaches young viewers that experiences can alter relationships, which ordeals individuals' bonds of connection towards each other. This articulated through the utilization of diagetic sounds as well as camera angle/movements and editing techniques, in order to capture the characters' motifs, expressions and esteem. The coming of age is a significant message conveyed in the film Stand By Me. This is scrutinized through the young boys Chris, Gordie, Teddy and Vern. This climax-near end scene is the convergence of the 'gangs' , where the two gangs are on the site of Ray Brower's body, a boy who was hit by a train. The scene between Ace, Chris and Gordie is imperative as it creates suspense, accumulated by the high-pitched diagetic sound of...
Words: 883 - Pages: 4
...well-being is intimately linked. No feature of Earth is more complex, dynamic, and varied than the layer of living organisms that occupy its surfaces and its seas, and no feature is experiencing more dramatic change at the hands of humans than this extraordinary, singularly unique feature of Earth. This layer of living organisms—the biosphere—through the collective meta¬bolic activities of its innumerable plants, animals, and microbes physically and chemically unites the atmosphere, geo-sphere, and hydrosphere into one environmental system within which millions of species, including humans, have thrived. Breathable air, potable water, fertile soils, productive lands, bountiful seas, the equitable climate of Earth’s recent history, and other ecosystem services are manifes¬tations of the workings of life. It follows that large-scale human influences over this biota have tremendous impacts on human well-being. It also follows that the nature of these impacts, good or bad, is within the power of humans to influence. Biodiversity is defined as “the variability among living organ¬isms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.” The importance of this definition is that it draws attention to the many dimensions of biodiversity. It explicitly recognizes that every biota can be characterized by its taxonomic, ecological...
Words: 1813 - Pages: 8
...Department of Biochemistry, Penn State University, Erie, Pennsylvania, USA This paper introduces the new evolutionary paradigm born of the synthesis of Darwinism and thermodynamics. It also introduces this volume, whose theme is the integration of life and social process with physical law. The sense of this expansion is as follows: Darwinism has come under intense scrutiny in recent years, from several fields. These range from statistical mechanics to developmental biology. In this paper, I will discuss the direction the revision of the Darwinian program is taking through thermodynamics, which is the science of irreversible process and self-organization. My objective is to show the coherence of life with the rest of nature. # 1998 John Wiley & Sons, Ltd. Keywords evolution; emergence; thermodynamics INTRODUCTION Evolutionary theory is presently undergoing the kind of massive conceptual restructuring that marked the two great scientific revolutions of our century: relativity and quantum mechanics. Like those two revolutions, the one occurring in evolutionary theory has tremendous practical and epistemological implications for understanding, and dealing with, nature. Much is dissonant in the Darwinian world. The ecological relationality of life had, from the time of Aristotle, suggested a functional order of nature that was cooperative. This was not an arbitrary world, but one of design. Darwin's theory challenged this old thesis in uncomfortable ways. The order of nature was not only ...
Words: 4414 - Pages: 18
...need to be checked out. One student in class did not have access to computers at home, so it was necessary to make sure she had access to all assignments will she was at school. 2. Planning Instruction: Goals for this unit were to show that the process of structure determines function starts in cells and this process enables living things to maintain a balanced equilibrium, homeostasis. Within this unit, we covered cell parts, cell transport, effect of energy drinks on cells, how the excretory system uses cell transport, and positive and negative feedback to keep the body at homeostasis. These concepts are covered in the Next Generation Science Standards (NGSS) High School Life Science (HS-LS) 1-1 A: Systems of specialized cells within organisms help them perform the essential functions of life and multicellular organisms have a hierarchal structural organization, in which any one system is made up of numerous parts and is itself a component of the next level. This is also covered in HS-LS 1-3.A: Feedback mechanisms maintain a living system’s internal conditions within certain limits and mediate behaviors, allowing it to remain alive and function even as externa conditions change within some range. Feedback mechanisms can encourage (through positive feedback) or discourage (negative feedback) what is on inside the living system. There are several learning targets for students in this unit: 1-identify and describe the functions of each organelle, 2-identify and describe...
Words: 4614 - Pages: 19
...Gueco, Jennifer Denise D. September 28, 2014 11300256 BUSLAW4 BANCO DE ORO SAVINGS AND MORTGAGE BANK, Petitioner, v. EQUITABLE BANKING CORPORATION, PHILIPPINE CLEARING HOUSE CORPORATION, AND REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH XCII (92) respondents. 157 SCRA 188 Facts: Sometime in March, April, May, and August, Banco De Oro (“BDO”) drew six crossed Manager’s check payable to certain member establishments of Visa Card. The checks were then deposited with Equitable Bank Corporation (“EBC”) to the credit of its depositor, Aida Trencio. After stamping on the usual indorsements ‘All prior and/or lack of endorsement guaranteed,’ the checks were afterwards sent for clearing through the Philippine Clearing House Corporation (“PCHC”) and were thus cleared. However, BDO discovered that the indorsements in the back of the checks were forged. It then demanded for EBC to credit its account, but the latter refused to do so. This prompted BDO to file a complaint against BDO and PCHC, requiring the same to pay the sum of the checks with interest at the rate of 12% per annum from the date of the complaint plus attorney’s fees in the amount of P10,000.00 as well as the cost of the suit. Decision: The court ruled in favor of EBC and PCHC. BDO is estopped from raising the non-negotiability of the checks in issue as it stamped its guarantee at the back of its checks and subsequently presented it for clearing. Further, it was in the basis...
Words: 443 - Pages: 2
...wedding a couple weekends ago that in my sense of adventure you trusted me in any situation, from snowshoeing a mountain and sledding down, to standing below me while I‘m chain sawing 80ft up above you. I have to tell you how I got started and became the guy you share these crazy adventures with. Skydiving one time has changed my perspective on life to be sure. Just starting out in a new job and trying to figure out what life was about and where I was headed. I decided it was time to mix things up, do something I didn’t think I had the guts to actually do. Go jump from a perfectly good plane attached to someone I didn’t know, that is an “expert“ in the area of falling from great heights (more than once!) . I had been in a plane only two or three times sight seeing, without the urge to open the door no less. The sky is a cold, crisp aqua marine with thin wispy clouds. The walls are a cold steel grey. Rivets hold everything together. A faded tan leather seat, cracked from years speed, pitch, heading and Altitude. A small window on my right side above my head provides the only meager view on the ascent to a totally new view on life. It’s dark behind me where the Instructor waits patiently for the call to go. There’s a small poster on the sliding door that says “Humpty Dumpty was pushed” with a picture of him falling (the irony of which, will hit me in a moment). The wind is leaping in and out of the plane as we speed toward our goal of 10,000ft. The man kneeling in front...
Words: 1226 - Pages: 5
...underlying message is that women are just as humans as men and they have the same yearning desire for freedom as the men in their life (Chopin, 1894). The story of Mrs. Mallard Louise Mallard is the major character of the story. She is represented as a fair and calm woman along with little indication of being strong. She was suffering from heart disease and that is why the death of her husband was disclosed to her after much hesitation. Her character envelops a mixture of happiness and grievance. It can clearly be observed when she got the news of her husband’s death. Despite of going into shock, she dramatically cried hard for a time (Jamil, 2009). Owing to the fact that she had a heart trouble, she must had went into shock, however, she was calm and started considering the new opportunities her life may pose her. She welcomed some mysterious things appearing to her from the sky and her actions show that she was feeling immense independence after her husband’s death. She was overjoyed with the fact that she could lead her life without any domination (Seyler, 2009). At start, the weaker side of her character was portrayed, whereas, in room alone she was stronger and her heart was full of energy knowing the fact that she was free. Her weakness returned when she realized that her husband did not actually died. The news quickly took her life. Doctors claimed it death due to joy, however, it was death due to shock of snatched freedom at once. Due to the fact...
Words: 1429 - Pages: 6