Property law learning portfolio task( about equity and transfer of Essay

Property law learning portfolio task( about equity and transfer of property) - Essay Example and its associates lay claim to based on the previous transactions between MTII and the companies involved in this litigation. Although, MTII does not reveal any intricate procedure for maintaining equitable interests in the title to oil it holds on behalf of other companies, there could be a case here for the creation of â€Å"trust† from which all other companies can financially gain from. Based on this important observation, the differences and similarities in the transfers of property and the creation of trust can be highlighted bearing in mind that the, (i) the laws applied in the case attempts to establish the doctrine of equities and equitable interests of all the parties involved in the deal; (ii) it is not â€Å"sufficiently certain† that MTII has any 2 directives to turn the title to oil it holds into any form of â€Å"trust property† that could be accessed by all parties. These issues make this case one of strategic interest. 2. These are three other k ey cases that could be used to establish â€Å"authority† in the areas of outright property transfers and the creation of trust. In Jackson & Ors v Thakrar & Ors [2007] EWHC 2173 (TCC) (10 October 2007), the Thakrar & Ors were suing for their shares in the property managed by Jackson & Ors, who had helped to undertake the accounting procedures of the trust company but failed to supervise the outright transfers of the shares to Thakrar & Ors. In JD Wetherspoon Plc v Van De Berg & Co Ltd & Ors [2009] EWHC 639 (Ch) (31 March 2009), JD Wetherspoon was suing for the property (stock) held by the defendants and were not equitably transferred before one of the defendants collapsed in May, 2008. In Agip (Africa) Ltd. v Kingsley & Ors [1990] EWCA Civ 2 (21 December 1990), Agip sued for the return or transfer of its financial property that was fraudulently acquired by a former employee, forcing the companies that participated in the process to be held responsible for this act, which leg ally contravenes the laws of equity. These three cases are able to show how important the doctrine or principle of equities is, and how they could be applied in court cases to assure that none of the parties is disadvantaged during the transactions or thereafter. 3. Using secondary sources like a journal and a textbook, I noticed that it is important to understand that when one or more members of a group or party have been exposed to some disadvantages in the process of property transfers, such an action 3 has undermined the principle of equity, which requires that every member or part of a group should be accorded similar considerations without breaking any law or order (Raff, 2006; Nygaard et al., 2007). Every property is recognized as having an owner at a particular period of time, and this legal title of this property belongs to the owner who may want to sell or transfer the title to another person (Raff, 2006; Nygaard et al., 2007). For this to occur, there must be transactiona l agreements among the parties. Hence, these agreements are guided by laws and statutes of the jurisdictions where the agreements took place to forestall