Justice Viscount Simon of the House of Lords in Gold Coast Selection Trust case held that "valuation is an art and not an exact science. Mathematical certainty is not demanded‚ nor indeed is it possible". Thus valuation cannot be tied up by rigid laws of nature or science. It also cannot work under fixed and inflexible set up of principles because it has great dependence in human nature and individual’ thinking. It can not be said that vacant flats are always required to be valued on comparable
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What is INTELLECTUAL PROPERTY? Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law‚ owners are granted certain exclusive rights to a variety of intangible assets‚ such as musical‚ literary‚ and artistic works; discoveries and inventions; and words‚ phrases‚ symbols‚ and designs. Common types of intellectual property rights include copyright‚ trademarks‚ patents‚ industrial design rights‚ trade
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has been modified by common law and statute. AUTHOR : KATALILO JOY INTRODUCTION This paper will identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute. The principle Lord Denning was discussing in the case stated above relates to the sale of goods and is aimed at protecting individual property. It is common to find persons
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to all the assets and property owned at the time of the defendant’s death that require some form of probate proceeding before the title and assets may be transferred to the proper heirs. 2. If property (either community or separate) goes outright to a surviving spouse or domestic partner how can that person go about collecting it without probate? A person may transfer community property or separate property by using a Spousal or Domestic Partner Property order with the court to
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Rosita Chingkoe (Petitioner) vs. Spouses Faustino Chingkoe and Gloria Chingkoe (Respondents) G.R. No. 185518 April 17‚ 2013 Facts: Respondents are registered owners of real property. They permitted petitioners to inhabit the subject property. Through the intercession of their mother‚ Faustino agreed to sell his property to Felix‚ on condition that the title shall be delivered only after payment of the full purchase price. They agreed that the incomplete and unnotarized Deed of Sale would only
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School of Law LAW OF PROPERTY II EQUITY & TRUSTS Syllabus The nature of equity and the trust Express trusts o Certainty of intention‚ subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing Lecture - Course Documents 2009-10 1 Queen Mary University of London School of Law LAW OF PROPERTY
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The Effects of Owning Property Author E.M. Forster’s notion that owning too much property leads to revolution is a worthy argument. After all‚ items of materialistic items have been‚ in certain instances‚ accredited to accounts of extreme misfortune. However‚ I beg to differ being that property and prosperity is an American dream. To own a home‚ in my opinion‚ is a sign of stability. Owning a property exempts one from paying rent or a monthly token for living purposes and enables one to virtually
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LAW317 – Express Trusts Ways to create a trust 1) Declaration – where a title holder expresses his or hers intention to hold their property on trust for another. 2) Transfer - where title is transferred to a person with instructions that it be held on trust for another. - inter vivos occurs during the life of the person (referred to as a ‘settlement’). It may be for consideration or a gift. (NB: Equitable Assignment check list). - post mortem occurs after the death of the person (in
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Although Intellectual property can be catorigized under many aspects‚ not every idea the mind can think is included. The legal definition of intellectual property often abbreviated IP is ideas‚ inventions‚ artistic works‚ songs‚ business processes etc. In general terms is any commercialily viable product created out of a persons mental processes. The Coca Cola company for example has legal ownership of several factories‚ bottling equipment‚ trucks for transporting their product and the actual ingredient
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The Legality of Intellectual Property Rights under Islamic Law Silvia Beltrametti Intellectual property rights are not regulated by Islamic law and jurisprudence per se. The issue is whether the principles of Islamic law can be constructed in a way to provide support for such protection. This paper assesses the extent to which Islamic law and its sophisticated tools have an impact on the protection of intellectual property. First it presents Sharī’a’s main sources; the Qur’an‚ the Sunna‚ Ijma
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