A reading of crucifixion informed by Latin American liberation theology, which foregrounds the Roman use of crucifixion as an instrument of state terror, and identifies the elements of sexual humiliation and sexual abuse ...

Comfort letters are controversial. They are usually the result of a compromise. The issuer, while wishing to ensure that the recipient will participate in the implementation of the underlying transaction (commonly a loan ...

This article discusses the English Court of Appeal case R v Collins, which set aside a High Court order that authorized a compulsory caesarian section on a pregnant woman against her express wishes. The author analyses the ...

‘Money had and received’ is the name of a common law claim available to recover money paid to another in a range of situations, ie payments made under mistake. It is a personal claim, in that it results in an order that ...

A proprietary remedy confers preferential recovery, in the sense that the claimant obtains ownership rights in respect of a particular asset, for example money which the claimant has mistakenly paid to another. This article ...

In New Zealand ownership of interests in land is established by registration. Section 81 of the Land Transfer Act 1952 conferred upon the Registrar a power to correct the register. The extent of this power seemed inconsistent ...

This paper summarizes legislation in Scotland (some in place for over a century) and Zimbabwe (some in place for fifteen years) relating to Crofting and Communal Areas - both of which are forms of what in this paper has ...

The ‘knowing receipt’ claim confers upon equitable owners of trust funds a remedy against some third party recipients of those funds. A problematic aspect of this remedy is what constitutes sufficient knowledge by the ...

This article analyses the situation where a bank mistakenly makes a payment thereby appearing to pay a customer’s debt. The Bank may have mistaken believed that there was sufficient funds in the customer’s account or it ...

At common law a forged mortgage is ineffectual, even if the mortgagee acted in good faith throughout. In New Zealand mortgages of land can be registered and, upon registration, the mortgagee obtains a title to that mortgage ...