direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive Trustee Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a
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Case 1 (Providian Trust) / Analysis write-up/discussion questions. (1) What key issues and challenges led to the initiation of the Access Plus project? Please think about the external vs. internal and business vs. technological aspects of the issues and challenges. From an internal point of view‚ Providian Trust board members felt that the trust’s information system was outdated and therefore the day-to-day activities‚ which could be done more efficiently with a new software and process‚ were
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there are two issues in this appeal. The first is concerned with the nature of the so-called “Quistclose trust” and the requirements for its creation. The second arises only if the first is answered adversely to the appellant. It is whether his conduct renders him liable for having assisted in a breach of trust.” Lord Millett in Twinsectra Ltd v Yardley and Others [2002] 2 AC 164 at paragraph 52. Critically
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trust agreement THIS TRUST AGREEMENT‚ MADE THIS _____ DAY OF _____________‚ 20XX‚ BETWEEN ____________________________‚ PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR)‚ _____________ ___________________‚ PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE)‚ AND ________________ __________‚ PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE). THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________
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Cause and effect outline‚ nagfocus ako sa effects. Topic: losing parents’ trust Objectives: To persuade readers Specific Objectives: I want my audience to give importance to their relationship with their parents and to be responsible for their behaviour. Thesis Statement or Theme of the essay: It is a very difficult experience for children to lose their Parents’ trust Sentence outline I. Losing the trust of your parents will give their children limited opportunities to reach their desires
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74-231: Quiz #6: Attempt #95686 From user sussii. Score: 8 ∕ 10 (80%) Started 2012-02-27 10:08 am; submitted 2012-02-27 10:17 am. 1. The two types of shopping products are: * generic and family * consumer and business * exclusive and intensive incorrect * heterogeneous and homogeneous * unsought and convenience 2. Ocean Spray manufactures Cranberry Juice Cocktails. The addition of Light Cranberry Juice Cocktails is a way that Ocean Spray can expand its product:
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Business Context/Key Business Drivers Providian Trust delivers financial and fiduciary services to clients across 216 branches. In an industry built on servicing clients‚ many of Providian Trust’s trust officers had 20-30 years of experience with the company and managed clients at a personal level. The trust officers had total control over what was sent to the client‚ including generation of financial statements. Control of the financial statements often resulted in a 2-3 month lag in statement
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a. The Re-Denley Principle and Beneficiary Principle. A trust is created by a settlor or a grantor‚ transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for a third party. There are many reasons why trusts are created. The most common reason is where the intended beneficiary of a right is not capable of
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Disposal of property on death – Secret Trusts Definition: An owner of property dies‚ that property passes to those entitled under the law of succession. 2 main methods: 1) Through a valid will 2) Intestacy rules Will – series of specific bequests or legacies of specific assets to specific individuals who will receive the assets not disposed off. If no residue clause then the rules of intestacy operate. Requirements of a valid Will 1) Capacity 2) Age 3) Mental Capacity 4) Intention
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WHO SHOULD INVEST IN UNIT TRUST Unit trust funds are promoted as a long-term investment instrument. It is also a form of indirect mechanism for participating in capital market instruments. Investment in unit trust funds carries a relatively lower risk-return profile‚ hence would appeal to you if you are a conservative investor with a long-term investment horizon and who lacks the time and skill to directly participate and monitor the investments in the various capital market instruments. In general
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