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 of trust. b) Testamentary trust/trust executed after death
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Article 1380 ❖ Rescissible Contracts ➢ Those validly agreed upon because all the essential elements exist and‚ therefore‚ legally effective. ➢ They are valid and enforceable although subject to rescission by the court when there is economic damage or prejudice to one of the parties or to a third person. ▪ Rescission ➢ A remedy granted by law to the contracting parties and to third persons in order to secure reparation of damages caused by a valid contract ▪ Requisites of rescission 1. Contract
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relating to health‚ | |Review of health and safety roles and responsibilities |safety and welfare at work are identified | | |Two duties statute law imposes on both the | |Carry out a review of your role and responsibilities in relation |manager and the team is are explained | |To health‚ safety‚ welfare and environment protection at work. You should:
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OPTIONAL QUESTION: Advise: (A) Mr. Neft given that Mr Browne has failed to appoint him to Chief of Police. The first issue is whether the contract between John Browne and Mr. Neft was illegal by common law. At common law an illegal contract is determined based on public policy and results in the contract being unenforceable. In the case of Enderby Town FC Ltd v Football Association‚ Lord Denning referred to public policy as an ‘unruly horse’‚ due to its broad character and its subjectivity to
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It was held by the learned Chief Justice that plaintiffs’ claim would be succeed if English law were applicable. However‚ in view of the provisions of the Land Code‚ the common law of England could not be applied. The alternative claim in trespass had not been established. Plaintiffs’ claim was accordingly dismissed‚ and they have appealed. Issue: Whether principle of English law is applicable in Federated Malay States? Held: 1. The common law doctrine of the
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I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim? a. Diversity Jurisdiction: State-related claim between parties of different states i. Claim must be greater than the Amount in Controversy Requirement 1. 1332: >$75‚000 a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR. b. Cannot include witness costs‚ court costs‚ lawyer fees‚ etc. c. A judgment rendered for less than AICR does not fail
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Wills Problem: The Estate of Jackie Kennedy Onassis 1. The overall testamentary plan seems to be that Jackie Kennedy Onassis’ (testator) estate was allocated proportionately to those people she deemed to be the closest to her. Thus‚ the further away from Jackie via bloodline‚ the less the person inherited and the less personal the gifts seemed to be. The majority of her real and personal property was left to her children‚ while friends and other relatives received legacy gifts. Some of the
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CMR: PHOTO CONSENT AND RELEASE Session Date(s): Location: Story / Project: Photographer: Fee (if applicable): In consideration of the above‚ and for other good and valuable consideration‚ the receipt of which is hereby acknowledged: 1. I hereby irrevocably consent to and authorize the use and alteration by Meredith Corporation (“Meredith”) and anyone authorized by Meredith of all photographs taken of me on the session date(s) set forth above and/or
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report focuses primarily on the Court’s methodology in construing statutory text‚ the Court’s approach to reliance on legislative history are also briefly described. In analyzing a statute’s text‚ the Court is guided by the basic principle that a statute should be read as a harmonious whole‚ with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are
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CHAPTER 6 RESCISSIBLE CONTRACTS Article 1380 Contracts validly agreed upon may be rescinded in the cases established by law. Rescissible contracts Those validly agreed upon because all the essential elements exist and‚ therefore‚ legally effective‚ but in the cases established by law‚ the remedy of rescission is granted in the interest of equity. They are valid and enforceable although subject to rescission by the court when there is economic damage or prejudice to one of the parties or to a third
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