Academic literature on the topic 'Enforceable trust'
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Journal articles on the topic "Enforceable trust"
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Meagher, Jacob J. "(Re-defining) the trust of the specifically enforceable contract of sale—the vendor purchaser constructive trust." Trusts & Trustees 24, no. 3 (January 24, 2018): 266–97. http://dx.doi.org/10.1093/tandt/ttx197.
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MCCANNON, BRYAN C., COLLEEN TOKAR ASAAD, and MARK WILSON. "Contracts and trust: complements or substitutes?" Journal of Institutional Economics 14, no. 5 (November 6, 2017): 811–32. http://dx.doi.org/10.1017/s1744137417000522.
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AbstractSocial preferences and third-party enforcement of formal contracts are two mechanisms that facilitate performance of an agreement. The standard argument is that formal, enforceable contracts substitute when the social preferences of trust and trustworthiness are lacking. We explore the alternative hypothesis that trust and contract enforcement are complements. We measure social preferences from both a Trust Game and a social values survey, using them as explanatory variables in a Contract Game. We find that both increased contract enforcement and high trusting preferences lead to enhanced rates of contract formation and larger investments. There is an important interaction effect, where trusting individuals enter into agreements at a greater rate and make larger investments when enforcement is greater. Thus, contracts and trust complement one another.
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Briggs, Aidan. "Arbitration clauses in trusts: a human rights issue?" Trusts & Trustees 25, no. 10 (December 1, 2019): 1022–24. http://dx.doi.org/10.1093/tandt/ttz098.
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Abstract Can settlors require beneficiaries and trustees to submit their trust disputes to arbitration? This article examines three of the key arguments favour of enforcement, and the major difficulties posed by the caselaw emanating from the European Court of Human Rights in Strasbourg. It also puts the English law position in an international context. Much has been written, both in previous editions of this journal and elsewhere, on the vexed question of whether a clause in a trust instrument which requires any dispute between trustees and beneficiaries to be submitted to arbitration is enforceable. Practitioners and academics remain divided on this central issue, and unfortunately we still await a decision of the English courts to put an end to the debate.
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Wynne-Griffith, H. R. "Towards a Pensions Act." Journal of the Staple Inn Actuarial Society 28 (March 1985): 185–87. http://dx.doi.org/10.1017/s0020269x00009816.
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Despite a plea for no more legislation, the author admits to having been overtaken by events. To this extent, the paper should be seen as a review of the current position in 1984. Whilst the trust fund might not be an ideal vehicle it did seem to be the best available and probably better than an alternative, totally new instrument. This view is held by the TUC, Gower, the Wilson Committee, and the Occupational Pensions Board (OPB). The principal deficiency at present is that the three relationships: Employee-Employer, Employer-Trustee and Trustee-Employee need to be better defined. Is membership of a scheme enforceable by an employee under contract law—or, indeed, by the employer? If so, are the benefits enforceable by the employee against the employer if the trustees have inadequate resources? Certain more immediate suggestions were (i) a pension fund should be protected against claims by a liquidator, (ii) the trustees on wind-up should be a creditor ranking with unpaid salaries, (iii) separate bank accounts for trustees and employer (this has now come to pass).
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Spendlove, Zoey. "Medical revalidation as professional regulatory reform: Challenging the power of enforceable trust in the United Kingdom." Social Science & Medicine 205 (May 2018): 64–71. http://dx.doi.org/10.1016/j.socscimed.2018.04.004.
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Arnado, Janet M., Ronaldo F. Jabal, Mary Rose Jean Andrada Poa, and Teofilo C. Viray. "Trust in Pandemic-Induced Online Learning: Competitive Advantage of Closure and Reputation." International Journal of Sociology of Education 10, no. 2 (June 25, 2021): 193–217. http://dx.doi.org/10.17583/rise.2021.7088.
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As a response to the Philippine government’s prolonged community quarantine measure to tackle the coronavirus outbreak, educational institutions have shifted their mode of teaching and learning towards distance education despite resistance from various sectors. This paper examines the ways an educational provider taps elements of its social capital such as closure and reputation, to establish enforceable trust from clients and their network to enroll in online learning; in addition, it explores the factors that clients consider in deciding to enroll their children in online distance learning. This study is informed by James Coleman’s and Ronald Burt’s conceptions of closure, trust, and reputation. It employs a case study approach, focusing on a Philippine Catholic parochial high school. Results show that closure is demonstrated through the school’s dense social network with parents, students, and the community through the Catholic church. Closure and the school’s intergenerational and social reputation facilitate the creation of trust, which increased senior high school enrolment, contrary to the pattern of private schools closing down due to insufficient enrolment. This study contributes to the literature in online distance education, by focusing on aspects of the social structure that function as resources for people and organizations to achieve their interests.
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Russell QC, David. "Trusts and foundations move onshore in the Gulf." Trusts & Trustees 27, no. 4 (May 1, 2021): 311–20. http://dx.doi.org/10.1093/tandt/ttab016.
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Abstract Commencing in the 7th-century CE, the notion developed in Islamic jurisprudence that property, although legally owned by a person, might nonetheless be subjected to enforceable obligations that it be utilised for the benefit of specific purposes (usually religious) or, later, for individuals, be they the recipients of charity or family members. Such property was said to be in detention (“waqf”). Later, similar legal concepts developed in the common law world (in the form of trusts) and the civil law world (in the form of foundations). In the Gulf Co-operation Council (GCC) states (the Kingdom of Saudi Arabia, United Arab Emirates, Oman, Qatar, Bahrain and Kuwait), laws of the jurisdictions recognise these concepts to varying degrees—most completely in the United Arab Emirates, where common law trusts in the financial free zones, trusts in the civil law jurisdiction, foundations, a form of statutory waqf (the endowment) and awqaf (the plural of waqf), and the Court of Appeal of the Dubai International Financial Centre (“DIFC”) has recently reviewed the application of the DIFC’s Trust and Foundations Laws with the benefit of an opinion from Shari’a scholars as to the interaction of the DIFC’s legal structures with Shari’a. The article explores the development and interaction of these legal concepts, the role which they can play in the context of the region’s private wealth, and compares the various statutory regimes.
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Catanzariti, Joseph, and Simon Brown. "Major Tribunal Decisions in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 429–46. http://dx.doi.org/10.1177/0022185608089998.
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Despite relatively low levels of industrial disputation in 2007, the AIRC delivered some significant decisions in relation to the `genuine operational reasons' exclusion to the unfair dismissal jurisdiction, and secret ballots for protected industrial action. However, arguably the most significant decisions in 2007 came from the Supreme Court of New South Wales and the Federal Court of Australia. These decisions illustrate that the common law contract of employment provides (increasingly) robust protections to employees from workplace injustices. This article examines recent developments in relation to the implied duties of good faith and of mutual trust and confidence. It also considers the prevalence of workplace policies in modern workplace relations and the circumstances in which workplace polices might give rise to enforceable contractual obligations and common law remedies for breach.
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Neustater, Evan. "Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 303. http://dx.doi.org/10.36640/mjeal.10.1.litigating.
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Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.
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Pearce, Robert. "REVISITING TRUSTEES' DECISIONS: IS PITT V HOLT THE FINAL WORD ON THE RULE IN RE HASTINGS-BASS?" Denning Law Journal 26 (November 24, 2014): 170–201. http://dx.doi.org/10.5750/dlj.v26i0.960.
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Not every decision we make is a good one. The power to make decisions includes the power to make bad choices as well as good ones. Unless there is some other factor, such as the exercise of undue influence, the overbearing of will through duress, or a mistake, good and bad decisions are equally enforceable in law. It might be thought that the same rule applies to decisions made by trustees, even though their decisions generally relate to the interests of the beneficiaries, rather than to their own interests. Of course, if the decision is so bad that it amounts to a breach of trust, and loss is thereby caused to the trust fund, then the breach might expose the trustees to liability to the beneficiaries. It was against this background that what became known as the rule in Re Hastings-Bass achieved prominence. A series of first instance decisions permitted trustees in some instances to backtrack on a decision which had unintended effects or consequences. The rule became subject to criticism, and was reviewed by the Supreme Court in Futter v HMRC on appeal from Pitt v Holt in the Court of Appeal. The decision of the Supreme Court substantially limits the scope of the rule, and identifies three circumstances where the decisions of trustees can be reversed: namely where there has been an operative mistake; excessive execution; or inadequate deliberation. This article explores the three dimensions to the rule in Re Hastings-Bass and identifies a number of difficulties with the decision in Futter v HMRC.
Dissertations / Theses on the topic "Enforceable trust"
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Mutsindikwa, Canisio. "The role of social capital in undocumented migration : the case of undocumented Zimbabwean migrants in Botswana." Diss., 2013. http://hdl.handle.net/10500/9487.
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This dissertation was carried out to try to understand the role of social capital in the migration of Zimbabwean migrants to Botswana. It describes elements and types of social capital Zimbabwean undocumented migrants used to come to Botswana. Questionnaires and in-depth interviews were used to obtain data from respondents.
Though the influence of macro factors initially pushed migrants to migrate, there was evidence of the existence of social networks. Findings showed the use of social networks by Zimbabwean undocumented migrants. Though kinship networks were dominant in the initial migration stages there was a wane in the destination as migrants reverted to friendship networks for flexibility. Linking existed at both the place of origin and destination. Social control, channelling and negative social capital were discovered among migrants. Migrants developed mechanisms to counter the Botswana’s enforcement policy.Sociology
Books on the topic "Enforceable trust"
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Robert W, Goldman. II Trust Arbitration at the Institutional Level, 4 ACTEC’s Simplified Trial Resolution Option with Model Laws and Clauses. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0004.
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This chapter considers various recommendations made by the American College of Trust and Estate Counsel (ACTEC) concerning trust arbitration. It describes ACTEC’s views about the need for and propriety of various types of internal trust arbitration. It discusses two model statutes to assist legislators considering statutory reform in this area of law. The first model makes arbitration clauses in wills and trusts enforceable and uses existing arbitration statutes to establish a default dispute resolution process. The second proposed enactment is longer and includes a standalone default process for resolving disputes. The chapter also presents several model arbitration clauses devised by ACTEC as a means of facilitating arbitration of certain internal trust disputes.
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Reiser, Dana Brakman, and Steven A. Dean. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190249786.003.0009.
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This conclusion summarizes the major contributions of the work as a whole. Having identified a trust deficit as the primary obstacle to capitalizing social enterprises, this conclusion reminds the reader of the many ways the law can be an ally in overcoming it. It notes the potential of innovations as diverse as new organizational forms, hybrid financial instruments, tax regimes, social performance metrics, and exit planning in building trust, and reminds the reader that the power of the law lies in transforming hopes and expectations into enforceable rights and obligations. The chapter emphasizes the link between the book’s innovative proposals and the broader insight that law can engender the trust required to access capital markets to generate public benefit.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 9. The doctrine of anticipation:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0009.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes how equitable interests may arise through the application of the maxim ‘equity looks on as done that which ought to be done’. The acquisition of equitable rights through this maxim is attributed to the decision in Walsh v Lonsdale. The doctrine of anticipation applies where parties enter a specifically enforceable contract for the creation or transfer of legal estates and interests in land. The doctrine is important in identifying the rights and duties of parties during the course of the transaction. The impact of the doctrine is to develop equitable proprietary rights mirroring the legal rights that ‘ought’ to be granted. Where the effect of the doctrine is to separate legal and equitable entitlement to the same estate, a trust is imposed. The nature of the trust is on usual and its operation has recently been scrutinized by the Supreme Court.
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Inc, Divorce Taxation Education, ed. DTE digest: How to draft an enforceable QDRO. Washington, DC (1710 Rhode Island Ave., N.W., Suite 600, Washington 20036): Divorce Taxation Education, 1987.
Find full textBook chapters on the topic "Enforceable trust"
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Miller, William L., Tatyana Y. Koshechkina, and ÅSE B. GRØDELAND. "Diffuse Trust or Diffuse Analysis? The Specificity of Political Distrust in Post-Communist Europe." In Trust and Democratic Transition in Post-Communist Europe. British Academy, 2004. http://dx.doi.org/10.5871/bacad/9780197263136.003.0007.
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Political theorists claim that political trust is located on the continuum that runs from blind faith to enforceable contract. Trust ‘as passion’ borders on blind faith, while trust ‘as calculation’ comes close to enforceable contract. More often located between these extremes, political trust is usually a mix of faith and calculation, varying from largely irrational responses to the charisma of political leaders to largely calculated ‘bets on the actions of others’. This chapter discusses political distrust in post-Communist Europe and looks at four broad categories of potential influences (all negative) on political trust: distrustful citizens, untrustworthy institutions, discordance between citizens and government, and hard times. It also examines incompetence, scandal, dishonesty, and corruption; responsiveness and fairness; the untrustworthiness of elected and unelected officials; and the unfairness that citizens perceive or actually experience.
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Virgo, Graham. "11. Beneficiaries." In The Principles of Equity & Trusts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804710.003.0011.
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This chapter examines the nature of the rights of the beneficiaries of a trust, particularly where there is an express trust. It explains that the beneficiary gains equitable rights once a private trust has been validly created and they can enforce these rights against the trustee. It emphasizes that the nature of the right that is enforceable by the beneficiary depends on the nature of the trust that has been established and that the rights of beneficiaries under resulting and constructive trusts are limited. This chapter also considers the formality requirements for the disposition of equitable interests and when it is possible for the beneficiaries to terminate the trust.
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Virgo, Graham. "11. Beneficiaries." In The Principles of Equity & Trusts, 337–60. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854159.003.0011.
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This chapter examines the nature of the rights of the beneficiaries of a trust, particularly where there is an express trust. It explains that the beneficiary gains equitable rights once a private trust has been validly created and they can enforce these rights against the trustee. It emphasizes that the nature of the right that is enforceable by the beneficiary depends on the nature of the trust that has been established and that the rights of beneficiaries under resulting and constructive trusts are limited. This chapter also considers the formality requirements for the disposition of equitable interests and when it is possible for the beneficiaries to terminate the trust.
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Penner, JE. "6. Formalities and secret trusts." In The Law of Trusts, 152–81. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198795827.003.0006.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law sometimes imposes a requirement on the form of legal transactions before it will regard those transactions as valid, provable, or enforceable in court, typically a requirement that the transaction be made or recorded in writing. This chapter first discusses the formality that applies when creating a trust, that is, bringing into existence equitable rights. It then turns to the formality for the transfer, assignment, or disposition of already existing equitable interests, that is, the existing rights of beneficiaries under a trust. It considers the specific provisions of the Wills Act 1837 that apply to trusts. In particular, it looks at secret and half-secret trusts—testamentary trusts that fail to comply with the Wills Act.
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Lees, Emma. "4. Formalities and the Creation of Rights in Land." In The Principles of Land Law, 81–114. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198810995.003.0004.
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This chapter examines the formality rules in relation to transactions involving land, which are essential to the operation of the land law system in practice. Formality rules play an important role in protecting vulnerable individuals; in ensuring caution; and in preserving the essence of an agreement should any future disputes arise. The chapter then details the formalities required to create an enforceable contract in land; a deed; and a valid disposition of an equitable interest. It also explains that there are different formality rules relating to a declaration of trust and to the transfer of interests arising under a trust. A failure to use these formalities does not give rise to homogenous consequences. Rather, for each of these categories, there are subtly different effects arising from a failure to take all the formal steps required.
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Pearce, Robert, and Warren Barr. "4. Certainty." In Pearce & Stevens' Trusts and Equitable Obligations. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198745495.003.0004.
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This chapter discusses the role of certainty in questions of trust and power in property management. For an obligation to be legally enforceable, it must be defined with sufficient certainty to allow the courts to control it, and a power conferring authority can only be exercised within the limits subject to which it is created. This range of different types of obligation has implications for the applicable tests for certainty. The court must know who is under an obligation, what the obligation is, to what property the obligation relates, and who can enforce the obligation. In the case of a power, the court needs to know who can exercise the power, how it can be exercised, and whether the power has been validly exercised.
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Rodrigues, Dario de Oliveira, and Pedro Santana Lopes. "Blockchanging Politics." In Political and Economic Implications of Blockchain Technology in Business and Healthcare, 118–59. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7363-1.ch004.
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There has been a fundamental change in the genesis of political-economic trust, with the arrival of a decentralized but structured way to reach consensuses and automatically implementing decisions through self-executable contracts. Blockchain technology (BT) is a distributed, consensus-based, and secure way for individuals to make enforceable censorship-resistant quantifiable agreements. Every vote is a transaction, and BT is paving the way for decentralizing politics, defending privacy, and streamlining voting procedures. It has the potential to provide much more granular governance that hopefully will preserve freedom and defend democracy. However, especially in an embarrassing post-COVID-19 world, BT's centralization can, instead, pave the way for citizens' control, turning cryptographic protocols into an authoritarian digital corset tightened by some to menace the privacy and freedom of many.
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Davies, Paul S., and Graham Virgo. "9. Informal Arrangements Relating to Land." In Equity & Trusts, 430–87. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198821830.003.0009.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter refers to informal arrangements relating to land and related transactions that fail to comply with statutory formality requirements. Through a number of equitable mechanisms, these transactions may be rendered effective. It must be noted that trusts of land are only enforceable when they are evidenced by signed writing and meet certain formality requirements relating to the disposition of land. Verbal contracts for the sale of land are, therefore, considered void. Equity may have a role to play in rendering a transaction effective where parties have entered into informal arrangements relating to property, and this has been recognized explicitly by statute. Trusts of land and contracts for the sale of land play a significant role in validating informal arrangements relating to property, as does the doctrine of proprietary estoppel.
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Pearce, Robert, and Warren Barr. "21. Powers of appointment." In Pearce & Stevens' Trusts and Equitable Obligations. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198745495.003.0021.
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This chapter focuses on the powers of appointment. Powers of appointment confer on a person who does not own property the authority to choose who shall become the owner. The key feature of a power of appointment is that it is discretionary in character. The donee of a power is under no enforceable obligation to make any appointments of the fund at all. Even if the donee were never to make any appointments at all, they would not be in breach of a duty owed either to the donor or to the potential objects of the power. The court will not step in to compel the exercise of the power, but it will exercise a supervisory jurisdiction to ensure that, if the donee does decide to exercise the power, they do so properly.
Conference papers on the topic "Enforceable trust"
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Chin Eang, Ong. "B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2596.
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The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.
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Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.
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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.