Legal writing and credit For a trust instrument to be valid and effective‚ it must be properly constituted. For a trust to be deemed as completely constituted‚ all of the relevant formalities must have been satisfied by the settlor‚ hence the legal title of the property must transfer to the trustees. The reason for a conveyance of property to the hands of trustee is explained in Milroy v Lord (1862) by Turner L.J. is that a valid and effectual voluntary settlement will exist‚ when the settlor
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An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers them‚ and the difference can sometimes be difficult to determine. The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer. Advertisements are usually invitations to treat‚ which allows sellers to refuse to sell products at prices mistakenly marked. Advertisements
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To what extent do judges establish the existence of a contract based on the intention of the parties? In 1893‚ the famous case of Carllil v Carbolic Smoke Ball Co.1 demonstrated the extent of the establishment of a legally binding contract based on the intention of the parties via advertisements. However‚ the formation of contracts is not solely based on the intentions between parties. After the invitation to treat‚ there should be an offer and acceptance‚ intention to create legal relation‚ consideration
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In Haugen v. Ford Motor Co.‚ the requirement of Article 2-302(2) that the court required an affording opportunity for the buyer to present evidence to aid the court in making a determination. In this case‚ Plaintiff buyer challenged the judgment of the District Court of Williams County (North Dakota) that granted summary judg-ment in favor of defendant manufacturer dismissing the buyer’s damage claim based on a liability exclusion for damage from fire. The buyer filed a complaint against the man-ufacturer
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1. What was the legal issue? What did the court decide? This case is based upon Mr. Stanbury‚ who worked as a project manager for Signal Construction from 1984 to 1985‚ and was fired allegedly because he was "not doing his job properly‚" according to Signal’s personnel manager. But nevertheless‚ the termination reason that Signal informed Mr. Stanbury was due to "lack or reduction in work". Mr. Stanbury took legal action against Signal Construction for defamation. This is because he claims
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PLAINTIFF’S REQUESTS FOR ADMISSION Plaintiff‚ Greater New York Mutual‚ by and through undersigned counsel and pursuant to Rule 36 of the Superior Court Rules of Civil Procedure‚ request that‚ Defendant Joseph P. Spadaro & Sons‚ Inc.‚ admit to the truth of the following facts and admit to the genuineness of the attached documents. In accordance with Rule 36‚ your responses must be filed within thirty (30) days after service of these requests your response to each request must specify an objection
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Issues 1.Andy vs. Bill Is there any contract between Andy and Bill? • Invitation to offer in general • Acceptance in terms of offer • Meeting of minds 2.Andy vs. Ciara Significant issues which needs to be considered are as follows :- • Query for more information • Acceptance of the offer 3. Andy vs. Denis • Validity of the contract • Acceptance needs to be communicated. Rules and Application Andy vs. Bill 1) Invitation to offer in general – The argument here to be discuss is whether there is
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According to the 1958 Conventions‚ the application of the equidistance method was compulsory in the absence of an agreement‚ historical titles or special circumstances. This was name the combined equidistance/special circumstances rule. The emergence of the equidistance principle in early treaty law‚ such as in the 1958 Conventions‚ may be elucidate by the act that this principle struck a incontrovertible equilibrium between predictability and flexibility‚ objectiveness and discretion. Moreover
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Retrospectively‚ rights in performance is given by the CPDA [ ] so a challenge arises when a performance takes place in a country which does not provide reciprocal protection before the commencement of the Act.[ ] In the case for this week’s assignment‚ a number of performances were performed in Stockholm in 1969 by Jimi Hendrix and the Swedish broadcasting association made a recording of it and made a public broadcast of the event. In 1970 Hendrix died intestate and the later his entire estate
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Defendant‚ Union Oil Company of California‚ d/b/a/ UNOCAL (“Unocal”) responds to Plaintiffs’ allegations as follows. To the extent the allegations of the Amended Complaint are directed to Defendants other than Unocal‚ Unocal is without sufficient knowledge or information to form a belief as to the truth of the averments and‚ therefore‚ denies them. JURISDICTION AND VENUE 1. Denied. The allegations of Paragraph 1 are legal conclusions to which no response is required. To the extent a response
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