1. Eva and Herman are getting married in the stylish Adelphi Hotel in California. They are famous film stars that promote clean living and monogamous living. They have done a deal with Goodbye Magazine to sell exclusive coverage of the wedding reception. The British publication Oh Wow a celebrity magazine published in London decides to send Julian their rookie reporter in disguise as a cake decorator to the reception. He sneaks in on the day of the wedding with a secret camera and is able to get access to the reception where he takes a photograph of Eva kissing the best man Enrique. This photograph is sent to the London office and is published that evening in the latest edition of Oh Wow. Advise Eva and Herman as to the possible interim relief that they may be able to take out against Oh Wow magazine in London. 2. Wills software business is in trouble, and the crisis has spurred him to think of the moral debt he owes a number of people. Will becomes concerned about all the customers who have paid money to his company, Doors Ltd, for software that has not been shipped to the warehouses. He wants this money to be returned to the customers, should Doors Ltd go into liquidation, and asks the company accountant to place all pre-shipment order money in a separate bank account called Pre-shipment Customer Safety Account. Further, Will becomes worried that the shareholders of Doors Ltd will receive nothing this year and so wishes to provide substantial sum of money to be paid out to these shareholders. He believes that he can transfer 4, 000,000 from his personal wealth to Doors Ltd on the basis that it should be used to pay the dividend but that if Doors Ltd should go into liquidation before declaring the dividend, then the money should return to Wills personal assets and not go to Doors Ltd. Will has lunch with his old friend Steve Whitby, from whom Will says he learned everything he knows about software. He says to Steve: My personal wealth comes from the knowledge that you taught me from now on my wealth is your wealth too. At the end of their lunch meeting, Will gives Steve four of his bank cards and writes down all the PIN numbers for him. Advise Will on the viability of his plans for Doors Ltd, and as to any implications of his lunch with Steve. Please note: This piece of coursework will be assessed by reference to the following criteria: 1. Describe, apply and analyse principles of Equity and trusts; 2. Draw with confidence on case law and statutory provisions; 4. Demonstrate an understanding of the specific nature of legal reasoning within the field of Equity and deploy this in providing advice; 5. Explain and apply the principles governing the courts approach to equitable remedies; 6. Demonstrate and apply an understanding of how the courts ascertain when an express private trust has come into existence; 7. Explain and apply the principles determining the beneficiary principle and certainty of objects. This coursework assessment is designed to allow students to show how the following learning outcomes have been achieved: Knowledge: 1. Describe and Analyse the principles and remedies of Equity and trusts Thinking skills: 2. Examine in detail and explain judicial decisions in the field of Equity and trusts, set as specific case studies Subject-based practical skills: 3. Apply equitable rules, principles, and remedies in a creative manner to solve problems 4. Formulate well-reasoned and practice advice to client problems. OSCOLA REFERENCING PLEASE
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