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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
A guide on Everything You Need to Know About Probate. While nobody
likes to think about it, we all die eventually. If you own your own
home, it's important to know what will happen to it after you're
gone. Legally the property has to be passed on to the people listed
in the person's Will. Of course there isn't always a Will there to
use as a reference. In these cases the people receiving assets will
be designated by the State Law. So if you want a specific person to
receive your estate, you need to put it in a Will. The process of
selling the home after death is known as Probate.
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