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1. Introduction 1. Equity and Trusts * Equity is a particular body of law‚ consisting of rights and remedies‚ which evolved historically through the Courts of Chancery to mitigate the severity of the common law. * The trust has been characterised as the greatest and most distinctive achievement in equity although an exact definition of the trust has proven difficult. * Equity would recognise and enforce rights and duties that were not known to the common law. * E.g. the common
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Date: 29/03/2011 Before : THE MASTER OF THE ROLLS LORD JUSTICE RICHARDS and LORD JUSTICE HUGHES - - - - - - - - - - - - - - - - - - - - - Between : | |Sinclair Investments (UK) Ltd |Appellant | | |- and - | | | |Versailles Trade Finance Limited (in administrative
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and Schutte breach their fiduciary duties that they owed to Premier Technology while they were high level managers at Premier Technologies. The jury unanimously voted in favor of Premier Technologies and agreed that both Orr and Schutte violated the Idaho Trade Secret Act‚ and that they both had a fiduciary relationship with Premier. The jury also ruled in favor of Premier‚ implicating Petersen Inc. had‚ in fact‚ conspired with Orr and Schutte in breaching of their fiduciary responsibility to Premier
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FACTS: Defendant‚ AAA North Jersey‚ Inc. (“AAA”)‚ contracted with Five Star Auto Service (“Five Star”) to perform towing and auto repair services for AAA. Defendant Terence Pershad‚ a tow-truck driver employed by Five Star‚ received a call through AAA to assist a crashed car. Upon Pershad’s arrival at the crash site‚ Pershad and Plaintiff Nicholas Coker (a passenger of the crashed car) began fighting‚ which ended soon after Pershad assaulted Plaintiff with a knife. Plaintiff filed suit in a New Jersey
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Gonzalez Devry University ?Buder?s ex-wife‚ Sartore‚ sued him‚ alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder?s investment of the children?s funds in penny stocks. Who wins?? (Gift) Was Buder legally allow to become part of such investments and by becoming part of them did he breached his fiduciary duty owed to the children under the UGMA. A trustee is a person who holds the assets of a trustee for the
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of the items their plan trustees will need to consider as part of that process. While the settlement agreements technically only apply to First Bankers and GreatBanc‚ and arose in a litigation context‚ they are being incorporated into the ongoing fiduciary responsibility of trustees more generally. Thus it’s reasonable to expect that most ESOP
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The Law of Trusts Consultation Times: Tuesday (9.30-10.30) WEEK 1: INTRODUCTION TO TRUSTS What is a Trust? Where one person is legally obligated to hold an asset for the benefit of another person Incomplete description; trusts can arise where one person is legally obligated to hold an asset for a specified purpose and not for an individual person…e.g. trusts for charitable purposes (don’t raise obligations to benefit any one person as such‚ but raise benefits for a specific purpose)
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be interpreted and evaluated. The eight ethical principles are fiduciary‚ property‚ reliability‚ transparency‚ dignity. fairness‚ citizenship and responsiveness. Fiduciary Principle. As part of the legal structure of a business organization‚ each officer and director of a company has a legal fiduciary duty to act in the best interest of the stakeholders and other employees within the firm. Furthermore‚ there is also an implied fiduciary duty for every employee within the organization to also act in
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Topic: Liability of Promoters During Pre-incorporation contracts Table of Contents Introduction 3 Research Methodology 6 Research Questions 7 Chapter 1: Promoters and Pre-incorporation Contracts 8 Chapter 2: Fiduciary duty of the promoter 11 Chapter 3: Breach of the pre-incorporation contract and the Liability of Promoters 13 Conclusion 19 Bibliography 20 Introduction A company is an entity which is recognized and created by the law. It can only contract when the law deems it to come into
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