FAULT NEGLIGENCE

Negligence is the foundation of Tort law in modern tort, the defendant must be in breach of a duty of care to the claimant, which covers a wide range of activities, which attracts some risk of harm towards others. In ...

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TRUST PROPERTY

Trust property refers to assets that have been placed into a fiduciary relationship between a trustor and trustee for a designated beneficiary. Trust property may include any type of asset such as cash, securities, real estate or life insurance policies. Trust property is also referred ...

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INDUSTRIAL DESIGN ACT

The industrial design act was first introduced for the protection of new inventions and also intellectual property right which protects the design of objects. The definition of the words invention and design are as follows: “The word “invention” means any ...

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CONSTRUCTIVE TRUST : DEFINITION

A constructive trust is a passive type of arrangement where one person holds property (whether real property, money, painting, a car, a bank account, or almost any other kind of property you can think of) as its nominal owner for ...

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CONSTRUCTIVE TRUST

A constructive trust is not an actual trust by the traditional definition. It is a legal fiction that is used as a remedy for unjust enrichment. Hence, there is no trustee, but the constructive trust orders the person who would otherwise be unjustly enriched to transfer ...

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THE LAW THAT GOVERNS PROPERTY AND FINANCIAL PROVISION

‘The law that governs property and financial provision when cohabiting couples separate is now in an untenable position. The only possible solution is reform which would place separating cohabiting couples in the same position as those following divorce or dissolution.’ ...

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THE MAIN DIFFERENCE BETWEEN LEASE AND LICENSE

It is best to firstly explain what leases and licences are. There are two legal estate under the property act 1925 [2] , an estate in fee simple absolute in possession and a term of years absolute. Tenure by a lease is ...

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MORTGAGE OF PROPERTY

The Courts and the Parliament in seeking to protect the interests of the mortgagor. Select either historical or contemporary measure/s taken by either the Courts or Parliament (or both) to protect mortgagors, and assess their effectiveness.’ Introduction In recent years ...

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RESTITUTION OF PROPERTY

The law of restitution means the return of property to the owner or person entitled to possession. If one person has been unjustifiably received either property or money from another, he has an obligation to restore it to the rightful ...

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CONSTRUCTIVE TRUST

A trust has been defined as, a situation in which property is vested in some one (a trustee), who is under legally recognised obligations, at least some of which are of a proprietary kind, to handle it in a certain ...

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