Major case: Cox Communications.

MAJOR CASE: COX COMMUNICATIONS . Why is CCI acquiring Gannett? Does the Gannett acquisition make sense at $2.7 billion? CCI has several objectives in the acquisition of Gannet; firstly the acquisition will give CCI and COX a strategic increase in market share (522,000 customers). This increase is strategic because it follows with Cox's strategy of localization, to take advantage of economies of scale. On a national scale, consolidation provides bargaining power when dealing with content providers, in addition the ability to add additional "bundled customers" is highly valuable. According to Jim Robbins CEO of COX "bundling is a key part of our strategy as it strongly enhances our competitive positioning by making our products and services 'stickier'. The results so far indicate significant improvement in the retention rates of our bundled customers. In addition, our customers are increasingly bundling their services, demonstrating that they enjoy the simplicity of purchasing multiple services from one company and paying one bill". The cost of the acquisition for $2.7 billion is high ($5172.42/customer) this is one highest amounts that COX has paid per customers but this cost is offset by the anticipated added value of offering expanded bundled services to 522,000 customers. Additionally by having a superior market share in focused geographic areas COX will continue to

  • Word count: 2251
  • Level: University Degree
  • Subject: Law
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Equity came not to destroy the law but to fulfil it Maitland. Critically discuss this statement in light of the role equity plays in todays legal system.

Property Law II Summative Coursework: 'Equity came not to destroy the law but to fulfil it' Maitland Critically discuss this statement in light of the role equity plays in today's legal system. Equity is defined as "a system of rules developed to counterbalance the rigours of statute and common law by the Courts of Chancery so as to allow for fairness in individual cases" (TB) (Paper) Since the Judicature Acts have amalgamated the two separate systems of Courts for the administration of Common Law and Equity into one. Equity now is that body of rules administered by the English Courts of Justice which, were it not for the operation of the Judicature Acts, would be administered to only by those Courts which would be known as Courts of Equity" (Maitland). Equity originated in the hands of the Chancellor give relief in these cases of hardship. The history traced shows clearly that Equity was essentially an addendum to the Common Law. It provided a distinct set of rules, no doubt, but those were not meant to supersede the Common Law. As Maitland remarks, "Equity had come not to destroy the law, but to fulfil it." Meant to assist the law. As Maitland observes, "Equity is not a self sufficient system". Equity presupposed the extension of common law at every point. It accepted the common law rules on any question that might arise, but added that something more was necessary,

  • Word count: 2580
  • Level: University Degree
  • Subject: Law
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Question 1: Critically evaluate the extentto which the Trusts of Land and Appointment of Trustees Act 1996 has broughtabout improvements in the law.

Question 1: Critically evaluate the extent to which the Trusts of Land and Appointment of Trustees Act 1996 has brought about improvements in the law. There are two main changes in which the Act has brought about since its introduction. It firstly allows existing settlements to continue, but prevents any new strict settlements to be created. The Trusts for sale have been abolished and any existing ones have been converted to Trusts of land. Secondly the rights of beneficiaries have been made clearer and new powers have been created to give more power to the trustees of land. Trusts of the proceeds of sale of land in relation to orders the court may make in section 30 of the L.P.A have now been replaced under section 14 of TOLATA. The trusts created are not specific and can be express, implied, resulting or constructive trusts. TOLATA will affect five main points of the old law; that is . Strict settlements will be phased out. 2. Doctrine of conversion will be abolished. 3. Power for the beneficiary and trustee has increased. 4. The power of the courts has been extended. Strict settlements of land will be gradually phased out due to TOLATA under section 2 which prevents the creation of new strict settlements. This is so, as strict settlement of land was originally created to keep land within the family. However, that purpose is no longer valid as the society and

  • Word count: 1150
  • Level: University Degree
  • Subject: Law
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Express Trusts

Introduction: Brad died leaving behind him a will, which includes clauses in relation to legacies and a clause creating a trust. The issue of question is the validity of the will and the created trust. Firstly, we need to check whether the will complies with the statutory requirements and secondly, we need to check whether the created trust is a valid trust that fulfils the certainty criterion. . The Will: Section 9 of the Wills Act 1837 will apply to any testamentary gifts, including testamentary trusts as seen in this scenario. Unless properly signed and attested, the intended gift fails. Formalities are vital, as there will be no oral evidence from Brad as to his intentions after his death. In this case, the will was in compliance with s.9 as it was in writing, signed by Brad under the presence of two witnesses who both attested, signed the will. Therefore, there are no issues in relation to the validity of the will itself. 2. The Trust: According to the wording of clause 7 of the will, Brad (The settlor) did separate between the legal and equitable title, which hints toward to a creation of a trust. This is an express trust as it has been created in accordance with the express intention of Brad (The settlor). It could also be classified further as a fixed trust as Brad has specified in clause 7 of the will the beneficiaries and their interests. Therefore, T&T (The

  • Word count: 2411
  • Level: University Degree
  • Subject: Law
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The legal principles involved in both cases are of trusts.

I will look at both relationships separately due to the fact that they have different legal principles involved. I will look at Jane' situation first, the main point here to consider is the fact that the house is in joint names which makes a significant difference to her position. Jane and Ahmed are joint tenants because the house is in both names. The legal principles involved in both cases are of trusts. A trust has been described as a relationship recognised by equity, which arises where property is vested in a person (or persons) called trustees, which those trustees hold for the benefit of other persons called cestuis que trust or beneficiaries. A constructive trust is where the court imposes a trust on the legal owner of property where it feels, in the interests of equity and good conscience, that the beneficial interest should be enjoyed by someone else. This applies in Jane's situation because the property was not purchased jointly but afterwards the house was transferred into joint names. In the case of Cohen v Cohen1 (1929) Judge Dixon pointed out the following, "where the equity is fastended upon the trustee not because he intended to become the fiduciary of property but because of the character of his dealings and in spite of his intention to take the property for himself." Ahmed invited Jane to come to his house so his dealings or intentions show something

  • Word count: 2064
  • Level: University Degree
  • Subject: Law
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Explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss.

"Hunter v Moss had been argued and decided before the decision had been given in Re Goldcorp Exchange Ltd. It has therefore been submitted to criticism on the grounds that it is inconsistent with the ringing endorsement by the Privy Council of Re London Wine Co (Shippers) Ltd" In the light of the statement above I am going to with reference to the decided cases explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss. Trusts developed in England during the 12th and 13th centuries. Trusts are widely considered to be the most innovative contribution to the English legal system. There is no successful definition of a trust till date, even after many attempts, but it is easier to say what a trust is by description. According to common law a trust is an arrangement that can come in a variety of forms where by property, money or other belongings are managed by a person (or persons or organisations) for the benefit of another, but is owned by the trust. In the case of Knight v Knight Lord Langdale MR identified that in order for a trust to be valid the three certainties must be complied with namely, certainty of intention, certainty of subject matter and certainty of objects. This is needed so that a legal obligation is created as opposed to a moral one.1 In certainty of intention, the settlor must intend to

  • Word count: 2667
  • Level: University Degree
  • Subject: Law
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TRUST & EQUITY

Andrea, the curator of the local museum, has recently died. Her will contains the following provisions: i) to my accountant and good friend, Eustace, the best part of my collection of antique coins, entreating him to divide the lions share between the curators of all museums in europe established before i was born In order for a trust to be valid, the three certainties1 must be complied with2, namely certainty of intention, of subject matter and of object matter. In this instance the problem would appear to be with certainty of both intention and of subject matter.3 In addition, a number of other matters must be complied with such as constitution and sometimes, formalities, depending upon the subject matter of the trust. Here it is not certain whether Andrea wishes this gift to be an absolute gift to Eustace or whether she intends to create a trust for all the curators. It also remains uncertain who can be said to fall within the class of 'curators of all museums established before I was born'. In addition, in order for a trust to exist, it must be clear what exactly is intended to be distributed to each beneficiary. Here Andrea has indicated that she wishes Eustace to have the 'best part' of her collection of antique coins. This phrase is unlikely to pass the test of certainty as it is unclear exactly which coins are being referred to. For instance, in Palmer v

  • Word count: 2121
  • Level: University Degree
  • Subject: Law
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Knight v. Knight (1840).

It is a cardinal principle of the law of equity that a trust may only be valid, that is, enforceable by the beneficiaries against the trustee, if it has been created with certainty of intention, certainty of subject matter and certainty of objects which was defined in Knight v. Knight (1840).1 Along with the beneficiary principle, these three certainties represent the inherent attributes of a trust. The requirement for certainty of intention (or certainty of words) ensures that the potential trustee of property is clearly placed under a duty to use the property in the way intended by the settlor or testator. Such certainty exists where the words used by the settlor or testator reveal the imposition of a trust obligation on the intended trustee as distinct from an intention to transfer the property to that person absolutely. It is what distinguishes a transfer by way of trust from a transfer by way of absolute gift, as in the case of Re Conolly [1910].2 The second of the three certainties, certainty of subject matter, requires that both the property which is to be the subject matter of the trust and the extent of the intended equitable owners' beneficial interests are certain, or at least capable of being rendered certain. This will ensure that the trustee is aware of the precise scope of his or her duties under the trust. Thirdly, there must be certainty of objects in

  • Word count: 1597
  • Level: University Degree
  • Subject: Law
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Critically assess the view that equity remains a separate set of rules to those of the common law despite the enactment of the Judicature Acts.

In what ways has the ECJ countered the problem of the general non-horizontal direct effect of Directives? To what extent have these been successful? What is a Directive A Directive is a secondary source of Community legislation, it is stipulated in article 249 EC Treaty. It requires further implementation compared to regulations which are directly applicable and require no further implementation by the Member State to which it is addressed. The principle of direct effect of Community law was established in Van Gend en Loos v Nederlandse Administratie der Belastingen.1 Vertical Direct Effect of Directives It has been held that if an individual was not able to rely on a Directive against the state, "The useful effect of such an act would be weakened if individuals were prevented from relying on it before their national courts." per Advocate-General Henri Mayras in Van Duyn v Home Office.2 The individual in Van Duyn was able to rely on the provisions of a Directive because the ECJ considered them to be already binding on a Member State even though they are not directly applicable like regulations.3 The objective is to ensure the uniform application of Community law throughout Member States. It also illustrates supremacy of Community law, since a court is bound to set aside national law if it conflicts with Community law.4 A Member State cannot enforce a

  • Word count: 2796
  • Level: University Degree
  • Subject: Law
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Property and Trusts 3.

Coursework Assignment Module Title: Property and Trusts 3 (2nd Component) Module Code: LW3031 Module Leader: Peter Halstead Student Number: 0164798 Word Count: 2,457 Trustees are given two specific categories that they can operate in. The first one is the power to act with regards to the trust and the trust property. This power is discretionary and need only be used when the trustee feels that it is in the best interest of the trust. Using this power is not compulsory and all trustees must agree on the exercise of it. The second capacity is a duty to act. A trustee has certain duties that are obligatory. Failure to carry out these duties will result in the trustee breaching the trust. When it comes to carrying out a duty, unanimous agreement of all trustees is not needed. Unlike a power, a majority vote on the course of action to take will suffice. When the majority is attained, the duty can be carried out. A duty is something that must be done for the trust, while a power is in place to help you carry out that duty. For example, a trustee has a duty to safeguard the trust property1. Anything done that conflicts with this duty will be a breach of the duty and therefore, a breach of trust. Trustees only have the power to take out insurance for the trust property, it is not obligatory. However, if they do not insure the trust, they are most likely failing in their duty

  • Word count: 2537
  • Level: University Degree
  • Subject: Law
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