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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
The statistical analysis of real estate data has received
increasingly more attention during the last decade. Property
owners, investors and banks are looking for cost-effective and
reliable means to assess the value of single properties or even
property portfolios. Additionally, building operating charges have
turned out to be a major determinant of profitability of real
estate investment, and the Europe-wide introduction of the energy
certification for buildings in 2002 enhances the importance of
accurate assessment of the energy efficiency of buildings even
more. The main purpose of this thesis is to apply approaches that
address nonlinearity and spatial or cluster-specific heterogeneity
simultaneously on real estate price and cost data. A particularly
broad and rich framework for semiparametric modeling is provided by
structured additive regression (STAR) models. In STAR-models,
continuous covariates are modeled as P(enalized)-splines.
Furthermore, possibly correlated discrete random effects for
spatial indexes, functions of two dimensional surfaces and
(spatially) varying coefficient terms may also be estimated using
this methodology.
The first part of this volume collates papers from the Second
Mansfield Symposium, which examined the areas of equity, trusts and
restitution. The second part addresses the emerging field of
equitable compensation and its implications.
Trust disputes can be tremendously costly, in terms of legal fees,
hiring experts and lost opportunity costs, as well as the costs
attendant with the often emotionally charged atmosphere that can
pit family members against one another. Despite the high toll,
trust litigation continues to increase around the world - both in
the number of matters being initiated and the amounts in
controversy - as trust instruments become increasingly important
vehicles in the management and transfer of wealth of various sizes.
Preventing a fire is substantially less costly than fighting one.
Identifying and appreciating the potential causes of trust disputes
puts settlors, trust officials and beneficiaries in the best
position to prevent a dispute from developing or accelerating. This
Special Report examines the causes of trust disputes and explores
the steps that settlors, trustees, beneficiaries and others can
take during each stage of a trust's lifecycle - design, execution,
administration and termination - to reduce the risk of sparking a
dispute. Supported by real world experience and input from leading
international trust practitioners, including estate planners,
general counsel and experienced trust litigators, this Special
Report delves into key concepts such as: thoughtful design of a
trust's governance; incorporating flexibility and adaptability into
a trust structure; the need for constructive communication and
engagement between fiduciaries and beneficiaries; practices and
procedures trust officials should consider implementing in trust
administration; and how trustees and beneficiaries can avoid adding
fuel to the fire once a dispute arises. The authors also examine
the benefits of involving different perspectives, including those
of experienced trust litigators, at various stages of the trust's
lifecycle, and offer practitioner insight into the measures and
approaches both fiduciaries and beneficiaries should consider
taking when a dispute first presents itself. Filled with real-world
practitioner guidance, perspective and insight on issues of
critical importance to fiduciaries, trust officials and
beneficiaries alike, this Special Report is essential reading.
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court
of England and Wales decided in favour of a restitutionary award in
response to an unjust enrichment, despite the illegal transaction
on which that enrichment was based. Whilst the result was reached
unanimously, the reasoning could be said to have divided the Court.
Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and
Lord Neuberger favoured a discretionary approach, but their mode of
reasoning was described as 'revolutionary' by Lord Sumption (at
[261]), who outlined in contrast a more rule-based means of dealing
with the issue; a method with which Lord Mance and Lord Clarke
broadly agreed. The decision is detailed and complex, and its
implications for several areas of the law are considerable.
Significantly, the reliance principle from Tinsley v Milligan
[1994] 1 AC 340 has been discarded, as has the rule in Parkinson v
College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can
fairly be described as one of the most important judgments in
general private law for a generation, and it can be expected to
have ramifications for the application of the illegality doctrine
across a wide range of disciplinary areas. Unless there is
legislative intervention, which does not seem likely at the present
time, Patel v Mirza is set to be of enduring significance. This
collection will provide a crucial set of theoretical and practical
perspectives on the illegality defence in English private law. All
of the authors are well established in their respective fields. The
timing of the book means that it will be unusually well placed as
the 'go to' work on this subject, for legal practitioners and for
scholars.
This book is the fourth in a series of essay collections on
defences in private law. It addresses defences to liability arising
in equity. The essays range from those adopting a mainly doctrinal
perspective to others that explore the law from a more
philosophical perspective. Some essays concentrate on specific
defences, while others are concerned with the links between
defences, or with how defences relate to the structure of the law
of equity generally. One aim of the book is to shed light on
equitable doctrines by analysing them through the lens of defences.
The essays offer original contributions to this complex, important
but neglected field of scholarly investigation. The contributors -
judges, practitioners and academics - are all distinguished
jurists. The essays are addressed to all of the major common law
jurisdictions.
Now in its third edition, English Private Law, edited by Professor
Andrew Burrows QC FBA, has established itself as a key point of
reference on English private law for lawyers in the UK and
throughout the world. The book acts as an accessible first point of
reference for practitioners approaching a private law issue for the
first time, whilst simultaneously providing a lucid, concise and
authoritative overview of all the key areas of private law. This
includes contract, tort, unjust enrichment, land law, trusts,
intellectual property, succession, family, companies, insolvency,
private international law and civil procedure. Each section is
written by an acknowledged expert, using their experience and
understanding to provide a clear distillation and analysis of the
subject. This new edition includes all the recent developments
since the publication of the second edition, covering some areas
that were previously not addressed including arbitration in civil
procedure, the Human Rights Act 1998 in tort law, and regulatory
reform in the light of the global financial crisis. No other single
text provides such comprehensive and lucid coverage of the whole of
English private law as this one - the book's depth of analysis,
combined with its ease of reference, make it a favourite among
academics and students worldwide. This title is an ideal quick
reference for practitioners to fall back on when a client raises a
point outside their normal area of expertise as well as for
academics, overseas libraries, and practitioners overseas who want
a one-stop resource on English private law.
Text, Cases and Materials on Equity and Trusts has been
considerably revised to broaden the focus of the text in line with
most LLB core courses to encompass equity, remedies and injunctions
and to take account of recent major statutory and case law
developments. The new edition features increased pedagogical
support to outline key points and principles and improve
navigation; 'notes' to encourage students to reflect on areas of
complexity or controversy; and self-test questions to consolidate
learning at the end of each chapter. New to this edition: is a
detailed examination of The Civil Partnership Act 2004 and the
Charities Act 2006 important case law developments such as Stack v
Dowden (constructive trusts and family assets), Oxley v Hiscock
(quantification of family assets), Barlow Clowes v Eurotrust
(review of the test for dishonesty), Abou-Ramah v Abacha (dishonest
assistance and change of position defence), AG for Zambia v Meer
Care & Desai (review of the test for dishonesty), Horley Town
Football Club (gifts to unincorporated association), Re Loftus
(defences of limitation, estoppel and laches), Templeton Insurance
v Penningtons Solicitors (Quistclose trust and damages) and many
more are new chapters on the equitable remedies of specific
performance, injunctions, rectification, rescission and account are
extracts from the Law Commission's Reports and consultation papers
on 'Sharing Homes' and 'Trustee Exemption Clauses' as well as key
academic literature and debates. The structure and style of
previous editions have been retained, with an emphasis on
introductory text and case extracts of sufficient length to allow
students to develop analytical and critical skills in reading legal
judgments. Substantial author commentary helps the text give the
flow, coherence and direction of a textbook whilst providing the
reader with a wide range of primary and secondary material from a
variety of sources. A supporting Companion Website provides
twice-annual updates to the cases and legislation discussed within
the text; answers to the questions contained within the text, and
sample essay questions.
http://www.routledgecavendish.com/textbooks/9780415442947
Eileen Spring presents an interpretation of the history of
inheritance among the English gentry and aristocracy. In a work
that recasts both the history of real property law and the history
of the family, she argues that one of the principal and
determinative features of upper-class inheritance was the virtual
exclusion of females from land holding. Tracing the gradual
nullification of common law rules under which 40 per cent of
English land would have been inherited or held by women, Spring
seeks to makes possible a fuller understanding of the social
history of land law.
This useful resource has experienced over a decade of success,
bringing together both venture capital and private equity
organizations into one comprehensive directory. This new edition
has been extensively updated, offering valuable, current, and
detailed information to individuals, entrepreneurs, and businesses
worldwide. This 2017 edition of The Directory of Venture Capital
& Private Equity Firms is the most current, comprehensive
picture of this dynamic industry to date, and includes over 300 new
firms and over 1,000 new partners. These numbers bring the total
number of firms to over 3,000 firms, over 1,000 branches, and over
12,000 partners. In addition, users will find more than 15,000
portfolio companies listed. The Directory of Venture Capital &
Private Equity Firms is organized into four major sections:
Domestic Firms, Canadian Firms, Domestic Associations, and
International Firms, each of which are listed alphabetically by
name. All domestic, Canadian, and international profiles include: a
mission statement, industry group preferences, portfolio companies,
geographic preferences, average and minimum investments, and
investment criteria. Each firm's partners are listed with extensive
background information, such as education (including degree and
school), professional background (including previous positions and
companies), and directorships held. The specificity of both the
firm and its partners add to the value of each firm's profile.
Information for firms headquartered overseas includes name, phone,
fax, email and website. This directory also contains five valuable
indexes: College/University Index: Offers an alphabetical list of
nearly 800 educational institutions worldwideaEURO"and the venture
capital executives who attended them. Each listing includes the
reference number of the affiliated VC firm of the executive listed.
Executive Index: An alphabetical list by last name of the more than
12,000 key partners and the listing number of their affiliated
firm. Geographic Index: Organizes all firms by state for domestic
listings and by country for international listings. Industry
Preference Index: Alphabetically lists the more than 200 industry
segments and the names of the firms that invest in them. Portfolio
Companies Index: Alphabetically lists the more than 15,000
companies that received venture capital from a listed firm, and is
referenced to that listing.
With the global economy in crisis, there is great need for a deeper
understanding of Australia's economic place in the world - both
today and throughout history. This new edition of Barrie Dyster and
David Meredith's highly successful book is fully updated and
includes three new chapters covering until the end of 2011. The
book explores the evolution of Australia's position in the global
economy from the start of the twentieth century through to the
present day, examining the international and local economies of
five key historical periods. With a focus on trade, foreign
investment and immigration, the book considers periods both of
growth and decline. By using historical perspectives to explain the
present and give direction to the future, this unique book presents
a rich account of Australia's position within a global economic
context. It is an essential resource for students and lecturers of
Australian economic history.
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