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Chapter

Cover Essential Cases: Land Law

Re Citro [1991] Ch 142, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Re Citro [1991] Ch 142, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

17. The Involuntary Assignment of Contractual Rights and Liabilities  

M P Furmston

This chapter discusses the law on the automatic assignment of contractual rights and liabilities, which may occur upon the death or bankruptcy of one of the contracting parties.

Chapter

Cover Anson's Law of Contract

16. Discharge by Operation of Law  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter considers the rules of law which, operating upon certain sets of circumstances, will bring about the discharge of a contract. The discussions cover mergers, discharged by judgment of a court, alteration or cancellation of a written instrument, and bankruptcy.

Chapter

Cover Legal Systems & Skills

20. Essential economics and finance  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on the economic and financial environment, introducing the fundamentals of economics including an introduction to micro- and macro-economics, supply and demand, economic resources and fiscal and monetary policies, topical economic issues and the relationship between GDP, inflation and unemployment. It then looks at financial markets, with an introduction to stock markets, shares and bonds, and the major players within those markets, particularly the banks. It examines the fundamentals of money and finance: what money is, how to organise and account for it, and what happens when things go wrong. This includes an introduction to business accounts and an examination of corporate and personal insolvency.

Chapter

Cover Legal Systems & Skills

19. Essential economics and finance  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on the economic and financial environment, looking at the basics of economics, financial markets, and the major players within those markets. It examines the fundamentals of money and finance: what money is, how to organise and account for it, and what happens when things go wrong. It also discusses the potential political, social, and economic impact of Brexit.

Chapter

Cover Complete Land Law

9. Co-Ownership—the Resolution of Disputes  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; ss 13–15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.

Chapter

Cover Partnership and LLP Law

8. Partnerships and Insolvency  

This chapter sets out in outline the impact of insolvency on partnerships, the insolvency being that of the firm, one or more of the partners or any combination of those possibilities. It deals in order with the winding up of an insolvent partnership only, the winding up of the insolvent firm with the concurrent bankruptcies of the partners, joint bankruptcy petitions against the partners and separate bankruptcy petitions against the partners. It distinguishes between the rights of partnership and individual creditors and deals with the disqualification of an insolvent partner from the management of a company. The chapter then details the application of the corporate insolvency procedures of voluntary arrangements and administration orders to partnerships.

Chapter

Cover Sealy and Hooley's Commercial Law

28. Insolvency  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter deals with insolvency and the principles of insolvency law. It begins with a brief historical background. It then considers the basic objectives of insolvency law as it relates to the bankruptcy of individuals and to corporate insolvency. In particular, it highlights the importance of the pari passu principle to ensure that all creditors participate on an equal footing in the estate in question. The chapter goes on to discuss the various definitions of insolvency before concluding with an overview of insolvency procedures for both individual insolvency and corporate insolvency.

Chapter

Cover Land Law

14. Co-ownership and Third Parties: Applications for Sale  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers applications for sale of land held on trust, which are brought by third parties; typically creditors and trustees in bankruptcy of a beneficiary. The chapter explores the different legislation and rules that apply depending on whether the application is made by a creditor or a trustee in bankruptcy. Since the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), applications made by creditors are considered under the general provisions of that Act, while those by trustees in bankruptcy are considered under the Insolvency Act 1986.

Chapter

Cover Land Law

5. Co-ownership  

This chapter explores the law of co-ownership. Co-ownership describes the situation where two or more people own land simultaneously, i.e. at the same time. The chapter considers questions such as how is co-owned land held at law and in equity and how do courts determine disputes involving co-owned land. The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 all of which are unpacked in this chapter.