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Constructive Trusts In English Law
Constructive trusts in English law are a form of trust created by the English law courts primarily where the defendant has dealt with property in an "unconscionable manner"—but also in other circumstances. The property is held in "constructive trust" for the harmed party, obliging the defendant to look after it. The main factors that lead to a constructive trust are unconscionable dealings with property, profits from unlawful acts, and unauthorised profits by a fiduciary. Where the owner of a property deals with it in a way that denies or impedes the rights of some other person over that property, the courts may order that owner to hold it in constructive trust. Where someone profits from unlawful acts, such as murder, fraud, or bribery, these profits may also be held in constructive trust. The most common of these is bribery, which requires that the person be in a fiduciary office. Certain offices, such as those of trustee and company director, are always fiduciary offices. Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keech V Sandford
is a foundational case, deriving from English trusts law, on the fiduciary duty of loyalty. It concerns the law of trusts and has affected much of the thinking on directors' duties in company law. It holds that a trustee owes a strict duty of loyalty so that there can never be a possibility of ''any'' conflict of interest. The case's importance derives partly from its historical context, with the South Sea Bubble. Lord King LC, who decided the case, replaced the former Lord Chancellor, Thomas Parker, 1st Earl of Macclesfield who was tried and found guilty in 1725 for accepting bribes and speculating with and losing client money in the South Sea crash. Lord Macclesfield had, probably not coincidentally previously held that a fiduciary was entitled to take money from a trust, invest it on their own behalf, and keep the profit, if they restored money to the trust. ''Keech'' reversed this, and the law in England and the UK has maintained a strict opposition to any possibility of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lonrho Plc V Fayed (No
Lonrho is a London-based conglomerate that was established in 1998 as Lonrho Africa plc. It is engaged in multiple business sectors in Africa, mainly agribusiness, infrastructure, transport, hospitality and support services. History Lonrho traces its roots to the original Lonrho plc (now Lonmin), a company which was incorporated in the United Kingdom on 13 May 1909 as the London and Rhodesian Mining and Land Company Limited. Lonrho plc grew to be one of the world's largest companies, with over 800 subsidiary companies in 80 countries. One previous CEO of Lonrho plc was the controversial Tiny Rowland (1917–1998), a corporate raider who ran the firm from 1962 to 1993. Scholars have noted that while he may have been the "unacceptable face of capitalism", in the words of Edward Heath, Lonrho plc actually worked in tandem with the British government in protecting British business interests in Africa after independence. The current company named Lonrho was formed on 26 Februa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Sigsworth
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 201 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Insanity) Act 1964
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity In English Law
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other people. Conceptually, mental insanity also is associated with the biological phenomenon of contagion (that mental illness is infectious) as in the case of copycat suicides. In contemporary usage, the term ''insanity'' is an informal, un-scientific term denoting "mental instability"; thus, the term insanity defense is the legal definition of mental instability. In medicine, the general term psychosis is used to include the presence either of delusions or of hallucinations or both in a patient; and psychiatric illness is "psychopathology", not ''mental insanity''. An interview with Dr. Joseph Merlino, David Shankbone, ''Wikinews'', 5 October 2007. In English, the word "sane" derives from the Latin adjective ''sanus'' meaning "healthy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re K
''Re K'' 985Ch 180 is an English land law case of acts of severance of a joint tenancy (one of two forms of co-ownership of land). Facts A wife had been suffering severe domestic violence. In one of her husband's uncontrollable rages he had followed her into a room and she picked up a loaded shotgun and took off the safety catch, merely intending to threaten him. Unintentionally she shot and killed her husband. She was charged with murder but convicted of manslaughter instead, and got put on probation. He had bequeathed £1000 to her. His will left her nothing else. The questions were: #Whether she could benefit from survivorship (i.e. was there still a joint tenancy) and to the Will-bequeathed £1000 given the common law forfeiture rule #Whether she would be entitled to relief from forfeiture. Judgement Mr Justice John Vinelott held the threat of violence was serious enough for forfeiture. As this pre-dated the manslaughter she stood to lose absolutely his half-share in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Seymour (Edward)
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in man ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evans V Evans
Evans may refer to: People *Evans (surname) *List of people with surname Evans Places United States *Evans Island, an island of Alaska *Evans, Colorado *Evans, Georgia *Evans County, Georgia *Evans, New York *Evans Mills, New York *Evans City, Pennsylvania *Evans, West Virginia Elsewhere * Évans, in France *Cape Evans, in Antarctica Creeks * Evans Creek (Peters Creek), a tributary of Peters Creek in California * Evans Creek (Tuscarawas River), a stream in Ohio * Evans Creek (Devils River), a stream in Texas Businesses and organizations * Robert B. Evans, founder of Evans Industries *Evans (retailer), of the United Kingdom *Evans Cycles, a United Kingdom bicycle retailer *Bob Evans Restaurants, a chain operated by Bob Evans Farms, Inc. of the United States * H. C. Evans, a defunct manufacturer of casino, amusement park and fairground equipment in the United States *D'Addario (manufacturer), a drumhead manufacturer also known as "Evans" Transportation *Evans station (Muni M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In The Estate Of Crippen
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal (insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
