Whose Interests Reign Supreme: Settlor’s Intent vs. Beneficiary’s Interests Trust – The right‚ enforceable solely in equity‚ to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). Settlor – Someone who makes a settlement of property; esp.‚ one who sets up a trust. — Also termed creator; donor; trustor; grantor; founder.
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The difference between common intention constructive trusts and proprietary estoppel has been described as ‘illusory’ (Hayton). Do you agree with this statement? Consider how the case law has developed and give reasons for your answer. In his article ‘Equitable Rights of Cohabitees’ Hayton suggested that the distinction between common intention constructive trusts and proprietary estoppel has‚ over time‚ come to be but illusory and goes on further to propose that since the general direction of
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An Evaluation of the Advantages of the Dyson Air Multiplier A Research Paper Presented to Aida Alfaro Mapua Institute of Technology in partial fulfillment of the requirements in English for Academic Purposes 2 (ENG11) by Nikkie Lyn N. Esguerra Kimberly Luv Y. Santos Xyrille Faye S. Nicolas Rodinia Marie Cura March 2013 Abstract Electric fans are used to regulate interior temperatures. People commonly use them during hot and humid summer days to increase air movement
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PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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transaction is complete and the express purpose of the loan has been fulfilled. The lender is protected should the borrower become insolvent before the specified date. However this gives rise to fiduciary obligations on the part of the borrower‚ which an equity court will enforce. Judges and commentators have failed to address the type of trust a Quistclose trust is. In Twinsectra Limited v Yardley the borrower (Yardley) required a short term finance of £1m for the purchase of land‚ worried that the
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Customer equity is a result of customer relationship management. Customer equity is the total of discounted lifetime values of all of the firms customers. In layman terms‚ the more loyal a customer‚ the more is the customer equity. Firms like McDonalds‚ Apple and Facebook have very high customer equity and that is why they have an amazing and sustainable competitive advantage. Customer Equity is made up of three components. Value Equity‚ Brand Equity and Relationship Equity. Value Equity
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ZAMBIAN OPEN UNIVERSITY SCHOOL OF LAW COMPUTER No. 21110141 LARRY HORE NJUNGU BACHELOR OF LAWS (LLB) COURSE: CONTRACT LAW (LL 12) LECTURER: GREENWELL LYEMPE ASSIGNMENT No. 2 SECOND YEAR‚ 2ND SEMESTER MOBILE: 0977 666160 CONTACT ADDRESS: PLOT 3601/4‚ MAPEPE ROAD‚ OLYMPIA PARK‚ LUSAKA TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective (ii) Relationship between agency and principal (ii) Misrepresentation
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which would increase the value. The change in WACC would result to a change in the value of the assets. Q2: The increase in value gets apportioned based on the market value weights of Debt and Equity. Based on the calculation‚ 50% to debt and equity‚ market value weights equals to 43% debt and 57% equity. Q1: Barrowing can create a value if it is within a feasible point‚ beyond than that it might have a negative impact on the company value. A company can benefit from the tax shield through
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Cost of equity refers to a shareholder’s required rate of return on an equity investment. It is the rate of return that could have been earned by putting the same money into a different investment with equal risk. How It Works/Example: The cost of equity is the rate of return required to persuade an investor to make a given equity investment. In general‚ there are two ways to determine cost of equity. First is the dividend growth model: Cost of Equity = (Next Year’s Annual Dividend /
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Equity Theory by John Stacey Adams Equity Theory attempts to explain relational satisfaction in terms of perceptions of fair/unfair distributions of resources within interpersonal relationships. Equity theory is considered as one of the justice theories; it was first developed in 1962 by John Stacey Adams‚ a workplace and behavioral psychologist‚ who asserted that employees seek to maintain equity between the inputs that they bring to a job and the outcomes that they receive from it against the
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