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This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...
Persistent link: https://www.econbiz.de/10012984003
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
Persistent link: https://www.econbiz.de/10012930738
Lawsuits have a deterrent effect, but this is mitigated if settlements are routine. Regulators and judges should consider that a firm contemplating predatory activity directed at financially unsophisticated individuals might have built an estimate of settlement costs into their analysis of the...
Persistent link: https://www.econbiz.de/10013215268
Artificial Intelligence is increasingly used to assess people (profiling) and helps employers to find qualified employees, internet platforms to distribute information or to sell goods, and security authorities to single out suspects. Apart from being more efficient than humans in processing...
Persistent link: https://www.econbiz.de/10013215886
This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...
Persistent link: https://www.econbiz.de/10013217775
This article presents an extensive and global survey on the use of Artificial Intelligence (AI) to address the COVID-19 epidemic and a comprehensive discussion of the ethical and human rights implications of AI's deployment during the pandemic. AI applications contributed to the COVID-19...
Persistent link: https://www.econbiz.de/10013218245
The rapid spread of artificial intelligence (AI) systems has precipitated a rise in ethical and rights-based frameworks intended to guide the development and use of these technologies. Despite the proliferation of these "AI principles", there is mounting public concern over the influence that...
Persistent link: https://www.econbiz.de/10013219752
Supreme Court in Arjun Panditrao Khotkar (2021) judgment has put an interesting exception to the S.65-B(4)’s certificate requirement: when even after applying to the relevant authority holding the electronic document sought to be proved in evidence and threafter to a court under procedural or...
Persistent link: https://www.econbiz.de/10013224754