Rape is sexual intercourse that is forced on another without the person’s consent or against the person’s will. This act is criminalized throughout the United States, but the legal term for it varies from state to state. Rape is sexual ...

Background Jim is the Director of ‘Bazinga’ a company that specialises in the development of commercial properties. He has identified an old 5 storey office building “The Property” in Melbourne which he would like to purchase and subsequently develop. During ...

Resulting trusts arise where the beneficial title in property reverts to, or never leaves, the original legal owner of the property. It may never leave the legal owner where the nature of the transaction is not to pass the beneficial title ...

They can arise irrespective of the intention of the parties. But it is possible to bring them about by creating a situation in which they arise. There are no well-defined circumstances in which a court will determine a constructive trust ...

Part 1: The Legal Problem and Solution An unincorporated association is an association that has not been incorporated (i.e. registered as a company) An unincorporated association has been judicially defined as: “[T]wo or more persons bound together for one or more ...

The beneficiary principle holds that a trust can be valid only if it has a beneficiary So, generally “there must be someone in whose favour the court can decree performance” (Grant MR in Morice v Bishop of Durham) The principle gives ...

THE LEGAL TEST In order for a purpose to satisfy the “public” aspect of the public benefit test it must benefit either: i. The public in general; or ii. A sufficient section of the public I. THE PUBLIC IN GENERAL ...

LEGAL DEFINITION OF CHARITY In order for there to be a charitable purpose, not only must it fall under the list in s3(1) of the Charities Act (see previous topic notes) but must also serve a public benefit → only ...

STATUTORY CODIFICATION Historically, the legal definition of charity was the product of common law → this recently changed with the introduction of the Charities Act 2006 (in force 2008) So since the Charities Act 2006 there has been a comprehensive ...

INTRODUCTION Stranger liability is the personal liability (i.e. NOT proprietary liability) of people who are not express trustees → it is not their liability to acknowledge the property that they hold is trust property, but their liability to compensate the beneficiaries for ...