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The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question.
"Knowing receipt" is also sometimes called "unconscionable receipt" [2] because of its theoretical foundation in the doctrine of unconscionability. The contrary view is that knowing receipt is, or ought to be, part of a broader doctrine of ignorance triggering a claim for unjust enrichment. On this view, anyone who receives property that was ...
A receipt (also known as a packing list, packing slip, packaging slip, (delivery) docket, shipping list, delivery list, bill of the parcel, manifest, or customer receipt) is a document acknowledging that something has been received, [1] such as money or property in payment following a sale or other transfer of goods or provision of a service.
It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in Barnes v Addy: [1] [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions, … unless those agents received and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and ...
To set up the casebook method of law study, American law professors traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebooks. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few ...
Barnes v Addy was the starting point for the academic debate as to the proper grounds of accessory liability and claims for knowing receipt of trust property. Lord Nicholls revised the test for assistance liability in Royal Brunei Airlines v Tan (1995), whereby it is no longer necessary for the trustee to have acted dishonestly and instead the ...
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A position paper (sometimes position piece for brief items) is an essay that presents an arguable opinion about an issue – typically that of the author or some specified entity. Position papers are published in academia, in politics, in law and other domains. The goal of a position paper is to convince the audience that the opinion presented ...