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Participation In A Breach Of Trust

Participation In A Breach Of Trust
Author: Austin Wakeman Scott
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781021231369

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Scott provides a legal analysis of the concept of 'participation' in breaches of trust, offering insights into the legal responsibilities of those who assist in such breaches and the remedies available to victims. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Breach of Trust

Breach of Trust
Author: Human Rights Watch Staff
Publisher:
Total Pages: 84
Release: 1995-10
Genre:
ISBN: 9780300065930

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Breach of Trust

Breach of Trust
Author:
Publisher:
Total Pages: 72
Release: 1994
Genre: Capital punishment
ISBN:

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The Law of Trusts

The Law of Trusts
Author: Austin Wakeman Scott
Publisher:
Total Pages: 392
Release: 1939
Genre: Trusts and trustees
ISBN:

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Gain-Based Damages

Gain-Based Damages
Author: James Edelman
Publisher: Bloomsbury Publishing
Total Pages: 209
Release: 2002-04-19
Genre: Law
ISBN: 1847316824

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On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.


Breach of Trust

Breach of Trust
Author: Andrew J. Bacevich
Publisher: Metropolitan Books
Total Pages: 256
Release: 2013-09-10
Genre: Political Science
ISBN: 0805096035

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A blistering critique of the gulf between America's soldiers and the society that sends them off to war, from the bestselling author of The Limits of Power and Washington Rules The United States has been "at war" in Iraq and Afghanistan for more than a decade. Yet as war has become normalized, a yawning gap has opened between America's soldiers and veterans and the society in whose name they fight. For ordinary citizens, as former secretary of defense Robert Gates has acknowledged, armed conflict has become an "abstraction" and military service "something for other people to do." In Breach of Trust, bestselling author Andrew J. Bacevich takes stock of the separation between Americans and their military, tracing its origins to the Vietnam era and exploring its pernicious implications: a nation with an abiding appetite for war waged at enormous expense by a standing army demonstrably unable to achieve victory. Among the collateral casualties are values once considered central to democratic practice, including the principle that responsibility for defending the country should rest with its citizens. Citing figures as diverse as the martyr-theologian Dietrich Bonhoeffer and the marine-turned-anti-warrior Smedley Butler, Breach of Trust summons Americans to restore that principle. Rather than something for "other people" to do, national defense should become the business of "we the people." Should Americans refuse to shoulder this responsibility, Bacevich warns, the prospect of endless war, waged by a "foreign legion" of professionals and contractor-mercenaries, beckons. So too does bankruptcy—moral as well as fiscal.


ERISA Simplification Act of 1979

ERISA Simplification Act of 1979
Author: United States. Congress. Senate. Committee on Labor and Human Resources
Publisher:
Total Pages: 176
Release: 1980
Genre: Government publications
ISBN:

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Loring and Rounds: A Trustee's Handbook, 2021 Edition

Loring and Rounds: A Trustee's Handbook, 2021 Edition
Author: Rounds
Publisher: Wolters Kluwer
Total Pages: 1884
Release: 2020-12-11
Genre:
ISBN: 1543818676

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Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666


Loring and Rounds: A Trustee's Handbook, 2020 Edition (IL)

Loring and Rounds: A Trustee's Handbook, 2020 Edition (IL)
Author: Rounds
Publisher: Wolters Kluwer
Total Pages: 1864
Release: 2019-11-21
Genre:
ISBN: 1543811345

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Loring and Rounds: A Trustee's Handbook--well over 1,550 pages-- is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2020 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property Previous Edition: Loring and Rounds: A Trustee's Handbook, 2019 Edition, ISBN 9781454899723