English trusts law - AbsoluteAstronomy.com

English trusts law is the original and foundational law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

of trusts in the world, and a unique contribution of English law

English law

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...

to the legal system. Trusts are part of the law of property, and arise where one person (a "settlor

Settlor

In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator...

") gives assets (e.g. some land) to another person (a "trustee

Trustee

Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...

") to keep safe or to manage on behalf of another person (a "beneficiary

Beneficiary

A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured...

").

The law of trusts developed in the Middle Ages from the time of the crusades under the jurisdiction of the King of England. The "common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

" regarded property as an indivisible entity, as it had been done through Roman law

Roman law

Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

and the continental version of civil law

Civil law (legal system)

Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

. Where it seemed "inequitable" (i.e. unfair) to let someone with legal title hold onto it, the King's representative, the Lord Chancellor

Lord Chancellor

The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

who established the Courts of Chancery, had the discretion to declare that the real owner "in equity" (i.e. in all fairness) was another person.

History

fideicommissum
Fideicommissum
The fideicommissum was one of the most popular legal institutions in Roman Law for several centuries. It translates from the Latin word fides and committere , meaning that something is committed to one's trust.-Text and translation:...
Feudalism
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...

and crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...
Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
Charity
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...

and the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...
Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
Indian Trusts Act 1882
Indian Trusts Act 1882
The Indian Trusts Act 1882 is a codification of trusts law, introduced for India in 1882. It represents a major expression of the thinking at the time of the basic principles of trust law in the common law world.-External links:*...
Welfare state
Welfare state
A welfare state is a "concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those...

and retirement
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
UK company law and UK insolvency law
UK insolvency law
United Kingdom insolvency law deals with the insolvency of firms and individuals in the United Kingdom. The important statutes are the Insolvency Act 1986, as amended by the Enterprise Act 2002, as well as the Company Director Disqualification Act 1986 and the Companies Act 2006.Insolvency is a...
Offshore tax haven and tax avoidance
Tax avoidance
Tax avoidance is the legal utilization of the tax regime to one's own advantage, to reduce the amount of tax that is payable by means that are within the law. The term tax mitigation is a synonym for tax avoidance. Its original use was by tax advisors as an alternative to the pejorative term tax...

Three certainties

For a valid trust, the "three certainties" must be present, see Knight v Knight
Knight v Knight
Knight v Knight 3 Beav 148 is a landmark case in English equity law. It espouses the test that determines whether a trust has been validly constituted. This has the effect of determining whether assets can be disposed of in wills, or whether the wording of the will is too vague to allow...

. In Milroy v Lord
Milroy v Lord
Milroy v. Lord is a case in English trust law which is significant for defining the modes of constitution of trusts, and its relation to one of the Maxims of equity "Equity will not assist a volunteer" which has two sub-strands - these are that "Equity will not enforce gratuitous promises" and...

, Turner LJ stated that:

"...to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property, and render the settlement binding upon himself."

He went on to say that the settlor may constitute an express trust by either transferring the property to the trustee or by a self-declaration of trust. In the latter case, no transfer is needed.

Depending on what type of property is involved, certain formalities need to be satisfied before the property is validly transferred, and the general principle is that equity will not perfect an imperfect gift. Thus, in the case of land, there needs to be a deed , and in the case of shares, ss 182-183 of the Companies Act 1985

Companies Act 1985

The Companies Act 1985 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, enacted in 1985, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries.The Act was a consolidation of...

provides that in general, a share transfer form must be executed and delivered with the share certificates followed by entry of the name of the new owner in the company books.

Jones v Lock (1865) 1 Ch App 25
Paul v Constance
Paul v Constance
Paul v Constance [1977] 1 WLR 527 is an important English trust law case. It sets out what will be sufficient to establish the first of the "three certainties" necessary for a trust . It is necessary that a settlor's "words and actions ... show a clear intention to dispose of property .....

[1977] 1 WLR 527
Hunter v Moss
Hunter v Moss
Hunter v Moss [1994] 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust. Moss promised Hunter 50 shares in his company as part of an employment contract, but failed to provide them. Hunter brought a claim against...

[1994] 1 WLR 452
Re Barlow’s Will Trusts [1979] 1 WLR 278
McPhail v Doulton
McPhail v Doulton
Re Baden's Deed Trusts or McPhail v Doulton [1971] AC 424 was a landmark decision of the House of Lords in English trusts law.-Facts:...

[1971] AC 424
Re Baden’s Deed Trusts (no 2) [1973] Ch 9
Re Tuck’s Settlement Trusts [1978] Ch 49

Purpose trusts

Morice v Bishop of Durham (1805) 10 Ves 522
Re Bowes [1896] 1 Ch 507
Re Endacott [1960] Ch 232
Re Denley’s Trust Deed [1969] 1 Ch 373
Leahy v Attorney-General for New South Wales
Leahy v Attorney-General for New South Wales
Leahy v Attorney-General for New South Wales was an Australian court case involving a charitable trust, heard by the High Court of Australia in 1959....

[1959] AC 457
Re Recher’s Will Trusts [1972] Ch 526
Re Lipinski’s Will Trusts [1976] Ch 235
Re Grant’s Will Trusts [1979] All ER 359
Re Bucks Constabulary Widows and Orphans Fund Friendly Society (no 2) [1979] 1 All ER 623

Pension trusts

Goode Report (1993)
Pensions Act 2004
Pensions Act 2004
The Pensions Act 2004 is an Act of the Parliament of the United Kingdom to improve the running of pension schemes.-Background:In the years following the introduction of the Pensions Act 1995, it was widely perceived that it was failing to offer the protection to pension scheme members that had...
Pensions Act 2008
Pensions Act 2008
The Pensions Act 2008 is an Act of the Parliament of the United Kingdom. The principal change brought about by the Act is that all workers will have to opt out of an occupational pension plan of their employer, rather than opt in...

Formalities

There are several formality requirements that have been imposed on express trusts by, inter alia, Wills Act 1837

Wills Act 1837

The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death...

s 9 and the Law of Property Act 1925

Law of Property Act 1925

The Law of Property Act 1925 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legisation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property...

s 53.

Section 9 of the Wills Act 1837

Wills Act 1837

provides that all testamentary trusts must be in writing, signed by the testator or by someone in his presence and by his direction, and be attested by two witnesses. However, secret trusts and now half secret trusts are recognised exceptions to this requirement. A full secret trust occurs when a testator leaves what appears to be an absolute gift in his will, but has communicated to the legatee that she is to hold the property on trust for purposes communicated to her. A half secret trust occurs when a testator leaves property on trust in his will, but communicates the terms of the will to the trustee privately.

The two leading justifications for allowing these exceptions to s 9 are the fraud theory and the modern theoretical approach. The fraud theory was laid down in McCormick v Grogan and is based on the idea that to disregard evidence of an oral testamentary trust and allow the legatee to take the property absolutely would be against the testator's intent and would unjustly enrich the legatee. The modern theoretical approach is based on the analysis that the testator validly declared the trust in his lifetime, and it became constituted by the vesting of the property in the trustee on his death.

The Law of Property Act 1925

Law of Property Act 1925

s 53(1)(b) states that ‘a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will.’ The declaration itself need not be in writing. The writing required is that of evidence of the declaration and failure to comply with this requirement will render the declaration of trust unenforceable (Leroux v Brown).

Dispositions of equitable interests are void unless they are in writing signed by the person disposing of the interests or by an agent authorised by that person (LPA 1925 s 53(1)(c)). By contrast to s 53(1)(b), the requirement here is that the disposition itself must be in writing. The requirement here also applies to dispositions of equitable interests in both land and personalty, as in Grey v IRC.

As mentioned above, to constitute a trust, there usually needs to be a transfer of trust assets to the trustees and in the course of doing so, there might be certain formalities that have to be complied with. Otherwise, because equity will not perfect an imperfect gift, the trust will not be constituted .

However, since Milroy v Lord
Milroy v Lord
Milroy v. Lord is a case in English trust law which is significant for defining the modes of constitution of trusts, and its relation to one of the Maxims of equity "Equity will not assist a volunteer" which has two sub-strands - these are that "Equity will not enforce gratuitous promises" and...

, the court have at times appeared to have added the qualification that although legal title to trust property remains vested in the settlor, an attempted transfer by the settlor to the trustee might be effective in equity even though not all the formalities required for a valid transfer have been complied with. This might be the case where the settlor has done everything in his power to divest himself of trust property. In such cases, it is therefore possible for a trust to be constituted even though certain formalities have not been complied with.

An illustration of this principle is seen in Re Rose
Re Rose
Re Rose [1952] Ch 499 is a case in English trusts law and English property law. It established that if a donor has done everything that can be expected of him to transfer legal title , but the transfer is delayed by the routine operation of the law then the gift is still effective...

. Here, the settlor had by voluntary deed transferred shares in a private company to be held on certain trusts. Under the company constitution, however, the directors of the company have the right to refuse to register transfers. Accordingly, they delayed registration by some two months after the deed had been executed. The question faced by the court was when were the shares transferred? Section 182 and s.183 of the Companies Act 1985

Companies Act 1985

would suggest that the shares were only transferred when the directors registered the transfer. However, the court held that the shares were transferred when then the settlor executed the deed and the trust was constituted on that date. This is because the settlor had done everything in his power to divest himself of the shares.

Re Rose
Re Rose
Re Rose [1952] Ch 499 is a case in English trusts law and English property law. It established that if a donor has done everything that can be expected of him to transfer legal title , but the transfer is delayed by the routine operation of the law then the gift is still effective...

was applied subsequently in a number of cases including Mascall v Mascall which concerned the transfer of registered land. More importantly, the Re Rose
Re Rose
Re Rose [1952] Ch 499 is a case in English trusts law and English property law. It established that if a donor has done everything that can be expected of him to transfer legal title , but the transfer is delayed by the routine operation of the law then the gift is still effective...

principle was reviewed in Pennington v Waine. Here the donor intended for her nephew to take up directorship in a private company. To do so, he needed to own shares in the company. Therefore, she executed a share transfer form concerning shares in the company in favour of her nephew. In contravention of the companies act, she had not delivered the share transfer form to her nephew. Neither had he been registered as a shareholder. The donor had sent the forms to her agent, the company auditor, who then told the nephew the he need not take further steps as regards the shares. The nephew then took up directorship of the company. The court held that the shares did not from part of the donor’s estate on her death as there was an equitable assignment of those shares. This was so despite the fact that the donor had not done everything in her power to transfer the shares. The court reached its decision partly on the basis that clearly the donor intended the transfer to have immediate effect and it would have been unconscionable for the donor to retract. Unconscionability would depend on the circumstances in each particular case but in this case, the court felt that it was because the Donor had told the nephew of her intentions and he, in taking up directorship, had acted detrimentally.

Secret trusts in English law
Secret trusts in English law
Secret trusts in English law are a class of trust defined as an unofficial arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a will. Normally, the property would be given to the trustee in the will, and he...

Content

Duties of trustees include:

a duty to consider the proper investment of the trust assets
a duty to prepare annual accounts except where the assets are held in specie
a duty to keep adult beneficiaries informed at least annually

Trustees must be unanimous in their decisions and are personally responsible to the beneficiaries for those decisions. In the event of dispute can apply to the Court of Chancery for directions as to the correct course of action.

Administration

Appointment and removal of trustees
Delegation
Variation of the trust deed
Power of maintenance
Power of advancement

Saunders v Vautier
Saunders v Vautier
Saunders v Vautier is a leading English trusts law case. It laid down the rule of equity which provides that, if all of the beneficiaries in the trust are of adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the...

(1841) 4 Beav 115, the sole beneficiary of a trust of East India Company stock could take the money when he reached adulthood, rather than wait till age 25 as the trust stipulated
Re Duke of Norfolk’s Settlement Trusts [1982] Ch 61, the court had the power to pay a trustee more for unforeseen work, as it had been necessary for the trust's administration

Duty of loyalty

Trustee de son tort
Trustee de son tort
A trustee de son tort is a person who may be regarded as owing fiduciary duties by a course of conduct that amounts to a wrong, or a tort. Accordingly, a trustee de son tort is not a person who is formally appointed as a trustee, but one who assumes such a role, and then cannot be heard to argue...
Trustee Act 2000
Trustee Act 2000
The Trustee Act 2000 is an Act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law. Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees'...
Armitage v Nurse [1998] Ch 241
Bristol and West Building Society v Mothew [1998] 1 Ch 1
Morley v Morley (1678) 22 ER 817, Lord Nottingham LC held that if a trustee performed his duties then he was not liable for loss, as in this case where the trustee was robbed of £40 of the beneficiary's gold.
Keech v Sandford [1726] EWHC Ch J76
Meinhard v Salmon, 164 NE 545 (NY 1928)
Boardman v Phipps [1967] 2 AC 46

Holder v Holder
Holder v Holder
Holder v Holder [1968] Ch 353 is an English trusts law case concerning conflict of interest.-Facts:Victor Holder was an executor of his father’s will. He wanted to renounce executorship, after he had performed some tasks in that capacity. Unfortunately that technically meant the executorship could...

[1968] Ch 353

Duty of care

Speight v Gaunt
Speight v Gaunt
Speight v Gaunt LR 9 App Cas 1 is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary.-Facts:...

(1883–84) LR 9 App Cas 1, trustees who employed a dishonest broker
Broker
A broker is a party that arranges transactions between a buyer and a seller, and gets a commission when the deal is executed. A broker who also acts as a seller or as a buyer becomes a principal party to the deal...

that stole £15,000 were not liable to repay the money to the beneficiaries because they acted in the ordinary course of business
Learoyd v Whiteley
Learoyd v Whiteley
Learoyd v Whiteley 12 AC 727 is an English trusts law case, concerning the duty of care owed by a trustee when exercising the power of investment.-Facts:...

(1887) 12 AC 727, trustees liable for loss of money when investing in a spurious brickfield business because they failed to exercise the care of a prudent person
In re Lucking's Will Trusts
In re Lucking's Will Trusts
In re Lucking's Will Trusts [1968] 1 WLR 866 is an English trusts law case concerning the duty of care of a trustee, and the requirement to become involved in the governance of companies in which the trust has an interest.-Facts:...

[1968] 1 WLR 866, trustees with 70% shares in a company should have had representatives in management to stop director thieving company property
Bartlett v Barclays Bank Trust Co Ltd [1980] 1 Ch 515, corporate trustee with 99% of company should have intervened in management to prevent disastrous speculation
Nestlé v National Westminster Bank plc
Nestle v National Westminster Bank plc
Nestle v National Westminster Bank plc [1993] 1 WLR 1260 is an English trusts law case concerning the duty of care when a trustee is making an investment.-Facts:...

[1993] 1 WLR 1260, trustees investing only in tax exempt gilts
Gilts
Gilts are bonds issued by certain national governments. The term is of British origin, and originally referred to the debt securities issued by the Bank of England, which had a gilt edge. Hence, they are called gilt-edged securities, or gilts for short. The term is also sometimes used in Ireland...

were not liable for failure to take care because although they should follow modern portfolio theory
Modern portfolio theory
Modern portfolio theory is a theory of investment which attempts to maximize portfolio expected return for a given amount of portfolio risk, or equivalently minimize risk for a given level of expected return, by carefully choosing the proportions of various assets...

now, their actions were not to be judged with the benefit of hindsight

Cowan v Scargill
Cowan v Scargill
Cowan v Scargill [1985] Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members...

[1985] Ch 270, trustees of miners' pensions were not allowed to disregard the potentially disastrous financial implications of investing all the trust money in the UK mines, even though this might serve an objective of propping up the industry
Harries v Church Commissioners for England
Harries v Church Commissioners for England
Harries v The Church Commissioners for England [1992] 1 WLR 1241 is an English trusts law case, concerning the possibility to invest ethically...

[1992] 1 WLR 1241, unless financial performance can be shown to be harmed, a trustee for church clergy retirement could take ethical considerations into account when investing money, and so avoid investments contrary to the religion's principles

Re Londonderry's Settlement
Re Londonderry's Settlement
Re Londonderry's Settlement [1965] Ch 918 is an English trusts law case concerning the duty of trustees to provide information to beneficiaries. It has been heavily criticised and possibly doubted by Schmidt v Rosewood Trust Ltd.-Facts:...

[1965] Ch 918, a beneficiary of a family trust was not entitled to information about a decision for why small sums were distributed to her
Schmidt v Rosewood Trust Ltd
Schmidt v Rosewood Trust Ltd
Schmidt v Rosewood Trust Ltd [2003] is a trusts law case, concerning the duty of trustees.-Facts:Mr Schimdt wanted disclosure of accounts and information from a trust set up, managed by Rosewood Trust Ltd, by his father, who had died without a will...

[2003] UKPC 26, a discretionary beneficiary could get information about a trust's accounts, set up by his father

Sieff v Fox [2005] 1 WLR 3811

Breach of trust

Breach of trust is a type of civil wrong

Civil wrong

A civil wrong or wrong is a cause of action under the law of England and Wales. Tort, breach of contract and breach of trust are types of civil wrong.Something that amounts to a civil wrong is said to be wrongful....

Target Holdings Ltd v Redferns [1996] AC 421
Re Hallett’s Estate (1880) 13 Ch D 696
Re Oatway [1903] Ch 356
Barlow Clowes International Ltd v Vaughan [1992] 4 All ER 22

Dishonest assistance
Dishonest assistance
Dishonest assistance, or knowing assistance, is a type of third party liability under trust law. It is usually seen as one of two liabilities established in Barnes v Addy, the other one being knowing receipt...

Tracing

Beneficiaries who feel the trustees are not (properly) fulfilling their obligations have the right to take the trustees to the Court of Chancery for a declaration concerning the proper actions of the trustees.

Bishopsgate Investment Management Ltd v Homan [1995] Ch 211
Foskett v McKeown [2001] 1 AC 102
Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437
Twinsectra Ltd v Yardley
Twinsectra Ltd v Yardley
Twinsectra Ltd v Yardley [2002] is a leading case in English trusts law. It provides authoritative rulings in the areas of Quistclose trust and dishonest assistance.-Facts:...

[2002] 2 AC 164
Barlow Clowes International Ltd v Eurotrust International Ltd [2006] 1 All ER 333

Constructive trusts

Pennington v Waine [2002] 1 WLR 2075
Bannister v Bannister [1948] 2 All ER 133
Lloyds Bank plc v Rosset [1991] AC 107
Boardman v Phipps [1967] 2 AC 46
Attorney‐General for Hong Kong v Reid [1993] AC 713
Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669

Resulting trusts

Vandervell v Inland Revenue Commissioners
Vandervell v Inland Revenue Commissioners
Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust does not make it so.-Facts:...

[1967] 2 AC 291
Re Vandervell’s Trusts (no 2) [1974] Ch 269
Tinsley v Milligan [1994] 1 AC 340
Tribe v Tribe [1996] Ch 107
Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669
Air Jamaica Ltd v Charlton [1999] 1 WLR 1399
Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
Twinsectra Ltd v Yardley
Twinsectra Ltd v Yardley
Twinsectra Ltd v Yardley [2002] is a leading case in English trusts law. It provides authoritative rulings in the areas of Quistclose trust and dishonest assistance.-Facts:...

[2002] 2 AC 164
Quistclose trusts in English law
Quistclose trusts in English law
A Quistclose trust is a trust created where a creditor has lent money to a debtor for a particular purpose. In the event that the debtor uses the money for any other purpose, it is held on trust for the creditor. Any inappropriately spent money can then be traced, and returned to the creditors...

Theory

Unjust enrichment
Unjust enrichment
Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.Definition:...

and restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
Consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...

and autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
Law of obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...

and property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

External links

List of leading trusts cases on bailii.org

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.