Implied trust

Last updated

An implied trust is an element of trust law, and refers to a trust that has not been "expressly created by the settlor." [1] There are two types of implied trust:

Related Research Articles

<span class="mw-page-title-main">Trust (law)</span> Three-party fiduciary relationship

A trust is a legal relationship in which the owner of property gives it to another person or entity, who must manage and use the property solely for the benefit of another designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A testamentary trust is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life.

A sports governing body is a sports organization that has a regulatory or sanctioning function.

In human interactions, good faith is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with bona fides, which is still widely used and interchangeable with its generally-accepted modern-day English translation of good faith. It is an important concept within law and business. The opposed concepts are bad faith, mala fides (duplicity) and perfidy (pretense).

<span class="mw-page-title-main">Unreliable narrator</span> Narrator whose credibility is compromised

In literature, film, and other such arts, an unreliable narrator is a narrator who cannot be trusted, one whose credibility is compromised. They can be found in fiction and film, and range from children to mature characters. While unreliable narrators are almost by definition first-person narrators, arguments have been made for the existence of unreliable second- and third-person narrators, especially within the context of film and television, but sometimes also in literature.

In employment law, constructive dismissal, also called disguised dismissal, constructive discharge or constructive termination, occurs when an employee resigns due to the employer creating a hostile work environment. This often serves as a tactic to avoid payment of statutory severance pay and benefits. In essence, although the employee resigns, the resignation is not truly voluntary but rather a response to intolerable working conditions imposed by the employer. These conditions can include unreasonable work demands, harassment, or significant changes to the employment terms without the employee’s consent.

In computer security, mandatory access control (MAC) refers to a type of access control by which a secured environment constrains the ability of a subject or initiator to access or modify on an object or target. In the case of operating systems, the subject is a process or thread, while objects are files, directories, TCP/UDP ports, shared memory segments, or IO devices. Subjects and objects each have a set of security attributes. Whenever a subject attempts to access an object, the operating system kernel examines these security attributes, examines the authorization rules in place, and decides whether to grant access. A database management system, in its access control mechanism, can also apply mandatory access control; in this case, the objects are tables, views, procedures, etc.

Brain trust was a term that originally described a group of close advisers to a political candidate or incumbent; these were often academics who were prized for their expertise in particular fields. The term is most associated with the group of advisers of Franklin D. Roosevelt during his presidential administration. More recently, however, the use of the term has expanded beyond politics to encompass any specialized group of advisers aligned to a decision maker.

A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to hold the property for the benefit of another person.

<span class="mw-page-title-main">Resolution Trust Corporation</span> American government-owned asset management company

The Resolution Trust Corporation (RTC) was a U.S. government-owned asset management company run by Lewis William Seidman and charged with liquidating assets, primarily real estate-related assets such as mortgage loans, that had been assets of savings and loan associations (S&Ls) declared insolvent by the Office of Thrift Supervision (OTS) as a consequence of the savings and loan crisis of the 1980s. It also took over the insurance functions of the former Federal Home Loan Bank Board (FHLBB).

<span class="mw-page-title-main">Historical method</span> Techniques used by historians

Historical method is the collection of techniques and guidelines that historians use to research and write histories of the past. Secondary sources, primary sources and material evidence such as that derived from archaeology may all be drawn on, and the historian's skill lies in identifying these sources, evaluating their relative authority, and combining their testimony appropriately in order to construct an accurate and reliable picture of past events and environments.

<span class="mw-page-title-main">Hague Trust Convention</span> 1985 treaty on international trust law

The Hague Convention on the Law Applicable to Trusts and on their Recognition, or Hague Trust Convention is a multilateral treaty developed by the Hague Conference on Private International Law on the Law Applicable to Trusts. It concluded on 1 July 1985, entered into force 1 January 1992, and is as of September 2017 ratified by 14 countries. The Convention uses a harmonised definition of a trust, which is the subject of the convention, and sets conflict rules for resolving problems in the choice of the applicable law. The key provisions of the Convention are:

<span class="mw-page-title-main">The Falls (mall)</span> Shopping mall in Kendall, Florida

The Falls is an open-air shopping mall in Kendall, Florida. The mall has 111 upscale stores. The mall's anchor store is Macy's. Bloomingdale's was an anchor at this mall but closed on March 20, 2020, and it was replaced by Life Time Fitness center, which opened on August 4, 2023. This mall also features a movie theater, which is called Regal Entertainment Group, and is currently managed and 50% owned by the Simon Property Group.

<i>Burger King Corporation v Hungry Jacks Pty Ltd</i> Australian court case between Burger King and Hungry Jacks

Burger King Corporation v Hungry Jack's (2001) 69 NSWLR 558 was an Australian court case decided in the New South Wales Court of Appeal on 21 June 2001, concerning a dispute between United States-based fast food chain Burger King, and its Australian franchisee Hungry Jack's. It related to the breach of a business development agreement between the two companies, and the resulting attempts of Burger King to terminate the contract. The Court of Appeal decided that Burger King could not terminate the contract, for several reasons, one of which was that it was in breach of an implied term of good faith, having taken steps to engineer the breach of the contract.

<i>Malik v Bank of Credit and Commerce International SA</i>

Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment.

This collection of lists of law topics collects the names of topics related to law. Everything related to law, even quite remotely, should be included on the alphabetical list, and on the appropriate topic lists. All links on topical lists should also appear in the main alphabetical listing. The process of creating lists is ongoing – these lists are neither complete nor up-to-date – if you see an article that should be listed but is not, please update the lists accordingly. You may also want to include Wikiproject Law talk page banners on the relevant pages.

Presbyterian Church v. Hull Church, 393 U.S. 440 (1969), was a United States Supreme Court case involving the secession of two local churches, including Hull Memorial Presbyterian Church, from the parent body Presbyterian Church in the United States because, they claimed, the Church had departed from its original doctrinal tenets. The Court ruled that the state could not pass judgment concerning religious doctrine or church law.

Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] 1 WLR 589 is an English trust law case, especially relevant for UK labour law and UK company law, concerning pension funds and the implementation of a poison pill.

Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.

<span class="mw-page-title-main">Acharya Buddharakkhita</span>

Acharya Buddharakkhita was an Indian Buddhist monk and prolific writer who established the Mahā Bodhī Society of Beṅgaḷūru. It is affiliated with the Mahā Bodhī Society of Kolkātā founded by Anagarika Dharmapala, with both organizations functioning independently of each other.

References

  1. Scott Atkins. Equity and Trusts (1st ed.). Routledge. p. 35.