Back to the bad old days?

Reviews the Court of Appeal decision in James v Thomas that a cohabitee had not acquired an equitable interest in a property registered in her former partner's sole name through a constructive trust, based on express or inferred common intention, or by proprietary estoppel. Highlights the inconsistent approach of the courts to cohabitee disputes. Outlines the Law Commission's proposals in its 2007 report, Cohabitation: The Financial Consequences of Relationship Breakdown, notes the factors to be taken into account by the courts, and speculates on the case's outcome if the proposals were applied. [From Legal Journals Index]

Cohabitation: quantifying an equitable share

Discusses the House of Lords judgment in Stack v Dowden on the factors the courts may consider when determining whether to rebut the presumption that former cohabitees, who were registered as joint legal owners of a property, were also joint beneficial owners with equal shares in the property. [From the Legal Journals Index]

A connection too far

Examines the test for vicarious liability for intentional torts laid down by the House of Lords in Lister v Hesley Hall Ltd requiring a close connection between an employee's tort and his employment. Reviews subsequent case law, highlighting inconsistencies in the courts' approach as to whether a close connection existed. Asks whether the cases suggest that the courts are applying a separate test based on the fairness of holding the employer liable. [From Legal Journals Index]

Aplicación de modelos semióticos al análisis de poesía narrativa popular ecuatoriana difundida en audiovisuales

Se expone una fundamentación teórica, lógica y metodológica de tres modelos semióticos: los elementos y funciones de la comunicación de Jakobson; el modelo actancial de Greimas; y los mundos: real, referencia y posible de Eco, aplicados al análisis de poesía narrativa popular difundida en distintos formatos audiovisuales.

So what if time is of the essence?

This article is concerned with the remedies available for delay in the performance of contractual obligations, and in particular with the proper analysis of the question whether time is of the essence. The law in this area is both difficult and complex, not only with regard to whether time is of the essence in any given case, but also with regard to what this entails. It is argued that many of the difficulties arise from the ambiguous and inconsistent way in which the courts have approached the question whether time is of the essence, the concept being used in several distinct, albeit related, senses. The article seeks to demonstrate that the law relating to the topic is unnecessarily complicated, and to suggest ways in which it might be simplified.