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Full-Text Articles in Law
Revisiting The Presumptions Of Resulting Trust And Advancement In The Context Of Joint Tenanted Matrimonial Property: Two Innovations By The Singapore Court Of Appeal, Ian Hao Ran Mah
Research Collection Yong Pung How School Of Law
In Singapore, the Court of Appeal’s decision in Lau Siew Kim v Yeo Guan Chye Terence remains the most authoritative pronouncement on the operation of the presumptions of resulting trust and advancement, particularly in the context of joint tenanted matrimonial property. One notable, albeit often overlooked, aspect of the decision is the modification of the presumption of advancement to operate like a rule of survivorship. On one view, the effect of this is to retransform the equitable tenancy in common into an equitable joint tenancy. This article identifies the doctrinal difficulties with this approach but ultimately recommends that the same …
Conscience And Justice In Equity: Comments On Equity: Conscience Goes To Market, Paul B. Miller
Conscience And Justice In Equity: Comments On Equity: Conscience Goes To Market, Paul B. Miller
Journal Articles
This short essay introduces and engages several philosophical questions raised by Irit Samet’s Equity: Conscience Goes to Market. Amongst other things, it addresses questions going to: the proper scope of equity; the relationship between equity’s remedial and supplemental functions; whether, and if so, to what extent equity promotes compliance with moral obligations; what, if any, moral aims animate equitable intervention; and whether, and if so, how, equity is distinctively concerned with matters of conscience and “particular” justice. All the while, I express appreciation for Samet’s project while raising some doubts about her views on how law and equity divide labor …