Proving declaration of trust and effecting disposition of beneficiary’s interest Proving declaration of trust: In order to prove declaration of trust all types of evidence are admissible. Exceptions: a) Trust of land where the declaration has to be manifested and proved by some writing (Section 7 of Statute of Fraud Act 1677; Section 53(1)(b) of Law of Property Act 1925). The reason for this rule is to prevent fraud (Youdan). The written evidence can antedates or postdate the declaration
Premium Trust law Evidence Legal terms
PART I. Introduction England’s contract law is consisted of several laws and they can not be written or at least explained in a student’s assignment‚ which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because‚ Cyprus is following
Premium Contract Contract law Common law
Business Law Sample CASE STUDY SITUATION GO FAST is a motorcycle manufacturer in the southern United States. Though sales have been steady‚ profits have declined because of increasing operational costs. The Board of Directors felt a fresh look at the operations side was needed. They developed a 5-year plan to increase operating efficiency and set out to find someone to lead the effort. Four months ago‚ GO FAST found what they saw as “the person” to be the new operations director and develop a
Premium Employment Contract Law
Land Law Leases 1. Introduction Leases in general may be the most valuable category of interest in land other than freehold estate. A lease may also constitute a legal estate. In some cases‚ such as flats‚ it may even replace freehold as the operational form of “ownership”. On the other hand‚ a lease is also a contract between two parties. It serves important social functions‚ sometimes much more than land ownership‚ and therefore has been receiving unyielding attention from the legislature
Premium Leasehold estate Renting Lease
SUMMARY OF ADVICE Lydia can probably claim a beneficial interest under proprietary estoppel where she can claim for damages from Cynthia. Lydia may also have a contractual licence with Cynthia which Cynthia cannot revoke at will. Lydia Barnet’s (Client) Objectives Lydia does not want to vacate the cottage which she has lived in and maintained for ten years. Lydia is looking for a solution which will enable her to make this possible. She knows there has not been a formal agreement between
Premium Contract
Case Analysis Summary of Facts and Circumstances The Midwestern:: Contemporary Art (MCA) Museum is one of the nation’s largest facilities devoted to modern art‚ opening its doors to Great Lakes in 1967. The MCA bought its first building‚ a three story townhouse‚ in 1977. In January of 1989‚ the MCA board hired Keith Schmidt as executive director. In April of 1989‚ a man with the name of Peter Smith began his chairmanship at MCA‚ after already being on the board since 1981. Peter Smith and Keith
Premium Board of directors
Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 This subject guide was prepared for the University of London External System by: University of London External System Catharine MacMillan BA (Victoria) ‚ LLB (Queen’s‚ Canada)‚ LLM (Cantab)‚ Lecturer in Law‚ School of Law‚ Queen Mary‚ University of London and Richard Stone LLB (Soton)‚ LLM (Hull)‚ Barrister‚ Professor and Head of Law‚ Lincoln Law School‚ University of
Premium Contract Common law Law
LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
Premium Contract Automobile Sales
LAW EXTENSION COMMITTEE WINTER COURSE 2005 CONTRACTS LECTURE NOTES WEEK FIVE PRIVITY OF CONTRACT 1. The Privity of Contract Doctrine The privity of contract doctrine dictates that only persons who are parties to a contract are entitled to take action to enforce it. A person who stands to gain a benefit from the contract (a third party beneficiary) is not entitled to take any enforcement action if he or she is denied the promised benefit. Example: A promises B‚ for consideration
Premium Common law Contract law Contract
implied in fact K. EXCEPTION: Promissory Estoppel (reasonably relied to their detriment) Statute of Frauds 1. Marriage 2. Year or longer services contract 3. Lease for > $1000 4. Land 5. Executor or Adminsitror 6. Goods: >$500. 7. Suretyship Exception: main purpose to benefit guarantor 8. MASS: promise to make or enforce a will must be in writing. Requirement: 1. Writing signed by ∆ 2. all material terms UCC: must have quantity term EXCEPTION: merchants where one receives
Premium Contract law Contract