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Trustee De Son Tort
A trustee de son tort is a person who may be regarded as owing fiduciary duties by a course of conduct that amounts to a wrong, or a tort. Accordingly, a trustee de son tort is not a person who is formally appointed as a trustee, but one who assumes such a role, and then cannot be heard to argue that he did not owe fiduciary duties. Overview The courts may hold a person a constructive trustee instead of prosecuting and, thereby, impose the liabilities of an actual trustee in accounting for his or her acts. ''Lewin on Trusts'' says at 42-74: Thomas and Hudson's ''The Law on Trusts'' says at para 30.03: A "trustee de son tort" is to be contrasted with a delegate who is appointed by a trustee to undertake certain functions: such a person derives his authority from the trustee and is entitled to act in accordance with the delegated authority without himself becoming a trustee. A delegate, in such circumstance, has done no "wrong" and is not intermeddling in the trust and so does n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary Duties
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barnes V Addy
''Barnes v Addy'' (1874) LR 9 Ch Appbr>244ref name="citations" /> was a decision of the Court of Appeal in Chancery. It established that, in English trusts law, third parties could be liable for a breach of trust in two circumstances, referred to as the two 'limbs' of ''Barnes v Addy'': knowing receipt and knowing assistance.'' Royal Brunei Airlines v Tan'' 9952 AC 378, 382. Although the decision remains historically significant in common law countries, the House of Lords significantly revised the relevant equitable principles in cases such as '' Royal Brunei Airlines v Tan'' (1995) and ''Dubai Aluminium Co Ltd v Salaam'' (2002). Statement of principle In '' Royal Brunei Airlines v Tan'', the House of Lords described this passage as the "much-quoted dictum" in ''Barnes v Addy'': This passage was adopted by the High Court of Australia as a statement of the 'rule in ''Barnes v Addy in '' Farah Constructions Pty Ltd v Say-Dee Pty Ltd'' (2007).(2007) 230 CLR 89; [111]. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mara V Browne
''Mara v Browne'' 895is a Court of Chancery case author, rticle_link "Great Britain. Courts" ''Butterworth'', 1896. https://books.google.com/books?id=CBRHAQAAMAAJ Retrieved 11/30/2017. that dealt with liability as a constructive trustee ultimately ruling that, "if one, not being a trustee and not having authority from a trustee, takes upon himself to inter-meddle with trust matters or to do acts characteristic of the office of trustee, he may therefore make himself what is called in law trustee of his own wrong - i.e., a trustee de son tort, or, as it is also termed, a constructive trustee" Facts By a settlement made in 1875 on the marriage of the plaintiff, Ellen Jane Reeves ee Walker with Harold Reeves, certain securities belonging to the wife were transferred to trustees upon trust to invest and pay the income to the wife during the joint lives of herself and her husband for her separate use, without power of anticipation, and after her death, if the husband should survi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Barney
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 ... [...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] |
US Trusts Law
United States trust law is the body of law regulating the legal instrument for holding wealth known as a trust. Most law regulating the creation and administration of trusts in the United States is now statutory at the state level. In August 2004, the National Conference of Commissioners on Uniform State Laws created the first attempt to codify generally accepted common law principles in Anglo-American law regarding trusts into a uniform statutory code for the fifty states, called the Uniform Trust Code (UTC). As of July 2012, 25 states have adopted some substantive form of the UTC with three others having introduced it into the legislature for adoption. The goal of the uniform law is to standardize the law of trusts to a greater extent, given their increased use as a substitute for the "last will and testament" as the primary estate planning mechanism for the affluent. Despite the uniform law, however, differences remain, as states still harbor rich differences in fiduciary law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executor
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this. The executor's duties also include disbursing property to the beneficiaries as designated in the will, obtaining information of potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. An executor will make sure estate taxes are calculated, necessary forms are filed, and . They will also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using the information left in ''bequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morgan V
Morgan may refer to: People and fictional characters * Morgan (given name), including a list of people and fictional characters * Morgan le Fay, a powerful witch in Arthurian legend * Morgan (surname), a surname of Welsh origin * Morgan (singer), Italian musician Marco Castoldi (born 1972) * Moken, also spelled "Morgan", a seafaring ethnic group in the Andaman Sea Places United States * Morgan, Georgia * Morgan, Iowa * Morgan, Minnesota * Morgan, Missouri * Morgan, Montana * Morgan, New Jersey * Morgan, Oregon * Morgan, Pennsylvania * Morgan, Texas * Morgan, Utah * Morgan, Vermont * Morgan, West Virginia * Morgan, Wisconsin, a town * Morgan, Oconto County, Wisconsin, an unincorporated community * Morgan, Shawano County, Wisconsin, an unincorporated community * Morgan Mountain, Tehama County, California * Mount Morgan (Inyo County, California) * Mount Morgan (Mono County, California) * Mount Morgan (Montana) * Morgan Farm Area, Texas Elsewhere * Mount Morgan (Antarctica), M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
