latter part of the clause. I also submit to the court that the 3 certainties required for a legally enforceable trust have been well observed in this trust instrument. My client wishes to invoke the rule established in Saunder v Vautier and have the legal title of the trust property transferred to him. My submissions are supported as follows: We must consider if the will has been properly drafted‚ having regard to the ‘certainty’ requirements of a well formulated trust instrument? The general
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1) a- Yes‚ P may recover‚ as this is a breach of the contract. P‚ in agreeing to accept the pension‚ forfeited his rights to take another job in the industry. This is a legal detriment to P‚ the promisee – one which did not exist prior to the formation of the contract. b- This is not enforceable. This is an example of past consideration‚ which is not consideration. P had already rendered the service at the time the company’s promise was made. In other words‚ the service was not induced by or given
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Micaela Diaz Case 1: The Psychology Department is requesting permission from your committee to use 10 rats per semester for demonstrations in a physiological psychology class. The students will work in groups of three: each group will be given a rat. The students will first perform surgery on the rats. Each animal with be anesthetized. Following standard surgical procedures‚ an incision will be made in the scalp and two holes drilled in the animal’s skull. Electrodes will be lowered into the brain
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regarded as conclusive.” Consumer Prod. Safety Comm’n v. GTE Sylvania‚ Inc.‚ 447 U.S. 102‚ 108 (1980). “The legal presumption is that the Legislature used‚ and intended to use‚ these words in this statute in their usual sense at the time the law was passed...” Westerlund v. Black Bear Mining Co.‚ 203 F. 599‚ 607 (8th Cir. 1913). Also “the law uses familiar legal expressions in their familiar legal sense.” Bradley v. United States‚ 410 U.S. 605‚ 609
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304 Principals for implementing duty of care in health and social care Ai‚ What does the term “duty of care” mean? The term “duty of care” means to safeguard anybody from harm and to make sure they are not disadvantaged or treated unfairly whilst they are in my care‚ to always act in the best interests of individual’s and others such as my co-workers‚ my employer as well as myself. This is a legal obligation. Aii‚ How the duty of care affects the work of a social care worker Duty of
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moments of failures too. In the long term‚ I aspire to be an Entrepreneur with an innovative business model. As a guitarist I yearned for an “automatic guitar tuner”‚ this became the topic of my graduation project. Other instances such as utilizing a rented SUV as transport during a hartal and generating revenues for a big budget show by sourcing and selling T-Shirts prove be credible testimonies to my conscious efforts in pursuing my passion. In the short term‚ I wish to acquire the knowledge
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for the mutual benefit of the parties is created when there is an exchange of performances between the parties. A bailment for the repair of an item is a bailment for mutual benefit when the bailee receives a fee in exchange for his or her work. (legal-dictionary.com‚ 2013) Three elements are generally necessary for the existence of a bailment: delivery‚ acceptance‚ and consideration. In a bailment for mutual benefit‚ the bailee must take reasonable care of the bailed property. Bailment duties
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owns title. So what exactly does that all mean? Also why exactly does Gemma want a warranty deed instead of a quit claim deed? What is a Quit Claim Deed? The legal definition of a Quit Claim Deed is a deed which transfers only that interest in the real property which the grantor actually has. This means nothing to me so in layman’s terms “A quit claim deed contains no warranties and the seller doesn’t have liability to the buyer for other recorded claims on the property. The purchaser takes the
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mandatory. ( naca.net) In this scenario the arbitration had been implemented mandatorily. The keywords in the contract that binds the customers to this contract of arbitration are the following : “ By signing below‚ you acknowledge that you consent to the terms of these documents including the binding arbitration provision contained therein (assignment2)”. Binding arbitration eliminates the right to appeal decisions made by the arbitrator. By signing the document all parties forfeit the power to go to any
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which is not duress at common law since no factor of violence to the individual was involved" (GH Treitel‚ The Law of Contract). Equity is relevant to banks‚ as the courts prior to O’Brien analysed the problem of ‘indecent pressure’ by banks‚ in terms of agency. However O’Brien changed this and banks can now claim for the wrongdoing of banks who has exercised undue influence in order for them to induce them into an agreement‚ therefore contracts made between banks and customer can be set aside
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