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Law Of Property (Miscellaneous Provisions) Act 1989
The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) is a United Kingdom act of Parliament, which laid down a number of significant revisions to English property law. Nature of reforms The Act introduced several distinct reforms: :* The common law rules governing the form and delivery of a deed were abolished, and were replaced by requirements that: :** a deed is valid only when expressed as such, :** it is either signed by an individual in the presence of a witness who attests to it, or at his direction and attested by two witnesses, and :** it is delivered as a deed by him or a person authorised to do so on his behalf. ::Former rules of law which specified that a seal was needed for the valid execution of an instrument as a deed by an individual were abolished by section 1(1)(b). :* Contracts for the sale or other disposition of an interest in land must be made in writing, and they must incorporate all agreed terms in "one document or, where contracts are exchanged ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ...
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Law Society Of England And Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament of the United Kingdom, Parliament or by the executive. The Society was formed in 1825. The Hall of The Law Society is in Chancery Lane, London, but it also has offices in Cardiff to deal with the Wales jurisdiction and the Senedd. A president is elected annually to serve for one year. The current president is Richard Atkinson. The Law Society has nothing to do with barristers in England and Wales. The relevant professional body for barristers is the General Council of the Bar. History The London Law Institution, the predecessor to the Law Society, was founded in 1823 when many London Sol ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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University Of Southampton
The University of Southampton (abbreviated as ''Soton'' in post-nominal letters) is a public university, public research university in Southampton, England. Southampton is a founding member of the Russell Group of research-intensive universities in the United Kingdom. The university has seven campuses. The Highfield Campus, main campus is located in the Highfield, Hampshire, Highfield area of Southampton and is supplemented by four other campuses within the city: Avenue Campus housing the School of Humanities, the National Oceanography Centre, Southampton, National Oceanography Centre housing courses in Ocean and Earth Sciences, Southampton General Hospital offering courses in Medicine and Health Sciences, and Boldrewood Campus housing an engineering and maritime technology campus and Lloyd's Register. In addition, the university operates a Winchester School of Art, School of Art based in nearby Winchester and an international branch in Malaysia offering courses in Engineering ...
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Constructive Trust
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of ...
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Halsbury's Laws Of England
''Halsbury's Laws of England'' is an encyclopaedia of the law in England and Wales. It has an alphabetised title scheme for the areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field. ''Halsbury's Laws'' has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy and online, with some content available for free online. History In 1907 Stanley Shaw Bond, editor at Butterworths, began a project to produce a complete statement of the law of England and Wales that was authoritative, comprehensive and up-to-date. Bond tracked down the former Lord Chancellor, The Earl of Halsbury, on holiday in Nice to invite him to be the editor-in-chief of ''The Laws of England''. Traditionally, the role of editor-in-chief of ''Halsbury's Laws'' is held by a former Lord Chancellor, ...
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Lord Scott Of Foscote
Richard Rashleigh Folliott Scott, Baron Scott of Foscote, (born 2 October 1934) is a British judge, who formerly held the office of Lord of Appeal in Ordinary. Early life The son of Lieutenant-Colonel C. W. F. and Katharine Scott, Scott was born on 2 October 1934 and educated at Michaelhouse School, Natal in South Africa. He then studied at the University of Cape Town, where he received a Bachelor of Arts degree in 1954, and Trinity College, Cambridge, where he received a B.A ( Law Tripos) in 1957 and a Blue in rugby. He then spent a year as Bigelow Fellow at the University of Chicago, where he met his future wife, Rima Elisa Ripoll, who is from Panama. Legal career Scott was called to the bar by the Inner Temple in 1959, becoming a Bencher in 1981. From 1960 to 1983, he practised at the Chancery Bar, and was appointed a Queen's Counsel in 1975. In 1980, Scott was appointed Attorney-General of the Duchy of Lancaster, a post he held until 1983. He was Vice-Chairman of the B ...
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House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ...
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Proprietary Estoppel
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner. It may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if *someone is given a clear assurance that they will acquire a right over property, *they reasonably rely on the assurance, *they act substantially to their detriment on the strength of the assurance, and *it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances. History In 1862, in '' Dillwyn v Llewelyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after ...
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Promissory Estoppel
A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity for good, similar to a value that is to be realized in the near future. In the law of contract, an exchange of promises is usually held to be legally enforceable, according to the Latin maxim '' pacta sunt servanda''. Types There are many types of promises. There are solemn promises, such as marriage vows or military oaths and are conventions. There are legal contracts, enforceable by law. Or, there are fairy tale promises, regrettable and problematic at the time, they must be honored. And lastly, there are election promises, commitments that most people realize will later be shaped by politics and compromise. Both an oath and an affirmation can be a promise. One special kind of promise is the vow. A notable type of promise is an e ...
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Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ...
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Law Of Property Act 1925
The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Inn ...
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