� PAGE * MERGEFORMAT �1� Property 2 Constitution is the last of the formalities that the law requires to create an effective and enforceable trust. Failure to constitute a trust will mean that no gift or trust is applicable; and the law that relates to perfect constituted gifts and trusts will not be appropriate. Moreover‚ the axiom of equity will intervene: "equity will not perfect an imperfect gift". The state of equity at the start of 21st century has changed significantly through a number
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TRUST AND LEADERSHIP Trust and Leadership Liberty University Abstract This paper discusses the importance of trust in leadership and that trust and leadership seem to be synonymous with each other. There is a multitude of ideas and opinions on this subject. This paper looks at different angles but mainly from a Christian approach to the principles of trust and leadership. From the earliest days of mankind trust and leadership have played vital roles in our
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trustees are to hold all of my shares on Trust for Zeke‚ except that for the period of 5 years after my death my Trustees are to give 1000 of my shares (or whatever lesser number my trustees think fit ) in whichever Company they shall think fit to any of my University classmates who ask for it and they in their discretion think fit. I submit to the court that my client is the sole beneficiary under a fixed trust and as such owns equitable rights in the trust property. His interest should be given
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If trust does not meet test of certainty it will fail/be void If trust to be valid must meet three certainties: (Knight v Knight) Certainty of intention Certainty of subject matter Certainty of objects/beneficiaries Fundamental principle: the trust must be capable of being controlled + enforced There must be “sufficient practical certainty in [the trust’s] definition for it to be carried out‚ if necessary with the administrative assistance of the court‚ according to the expressed intention
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Trust The Three Certainties An express trust will not take effect unless the three certainties are present .These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter .It is therefore important to prove all three elements in the given scenario to prove that a trust exists .If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ‚takes the property as an absolute gift .If the words are imperative
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Property Law Research Paper LAW OF WILLS IN INDIA Submitted By-Ishani Mehta BA.LLB -2011 Section-A (22 November‚ 2012) CONTENTS- * Definition * Key Terms * Different types of wills * Essential Clauses of a will * Restrictions or Limitations for making of a will under The Indian Succession Act 1925 * Registration of a will * Property‚ which can be‚ disposed of by Will * Principals of rate able abatement in case heirs do not give consent. * Probate of
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hard to trust people because it’s a big risk that has to be made. Making a risk to trust someone can either end up really bad or end up really good‚ depending on who you truly trust. Would you be mad if you trusted someone so untrustworthy? Well in the play Othello by Shakespeare‚ trust and fake friendships is involved dramatically and things turn bad and don’t end up to pleasant. Othello really likes a local girl where he lives so he asks her father for permission. The father had no trust in his
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It is a well settled notion in common law that agreements which impose restraints on trade are not enforceable. This notion was developed further in the late 19th century and late 20th century and made applicable to what we call ‘competition law’ in the USA. It is important to note that the enactment of the Sherman Anti-trust Act‚ 1890 was a reason for this development. What is the correlation between ‘restraint of trade doctrine’ and ‘modern competition law’? This article seeks to examine the relationship
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INITIAL TRUST‚ PERCEIVED RISK‚ AND THE ADOPTION OF INTERNET BANKING Kyu Kim University of Cincinnati U.S.A. Inha University Korea Bipin Prabhakar University of Cincinnati U.S.A. Abstract Studies on the adoption of business-to-consumer e-commerce have not simultaneously considered trust and risk as important determinants of adoption behavior. Further‚ trust in information technology has not been addressed to a great extent in the context of e-commerce. This research explicitly encompasses the electronic
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Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. It is also possible that a secret trust arises where in reliance on a promise to implement the trust by X‚ no Will is made (Strickland v Aldridge 1804 9 Ves 516 REF1). The onus of proving a secret trust is on the person claiming that it exists‚ on the balance of probabilities - the ’ordinary civil standard of proof’ (Re Snowden 1979 3 All ER 172 REF2)
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