Constructive Contract - Law Dictionary Search Results
trust
income does not have to be distributed and principal may be distributed compare simple trust in this entry constructive trust 1 : an implied trust imposed by a court to prevent the unjust enrichment of one who … compare passive trust in this entry alimony trust : a trust created often in accordance with a separation agreement in which property is transferred to the trust as a source of support for a divorced spouse with
Recital
something which has been done before, 1 Lilly Abr. 416. As to how far the recitals govern the construction of a deed the rule is as follows:- If the recitals are clear and the operative part is … DEED. The expression 'recitals' means, according to the Dictionary of English Law by Jowitt: 'statements in a deed, agreement or other formal instrument, introduced to explain or lead up to the operative part of the instrument.' Recitals
Use and occupation, Action for
Use and occupation, Action for, an action for dam-ages upon the case for breach of an implied agreement to pay for the use of a landlord's property under the Distress for Rent Act, 1737 (11 Geo.
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Separation
21 QBD 424; Sweet v. Sweet, (1895) 1 QB 12. The Court will decree specific performance of an agreement to execute a deed of immediate separation if based upon sufficient consideration, Gibbs v. Harding, (1870) LR 5
Executory trusts
testator in the other, will attach to the words expressive of the trusts a more liberal and enlarged construction than they would admit if applied either to the limitation of a legal estate or a trust executed, … Executory trusts. In the case of articles of agreement, made in contemplation of marriage, and which are consequently preparatory to a settlement, and in the case of
Bill of sale
under the Acts of 1878 and 1882 is in a very confused state, and the decisions upon the construction of them are numerous and conflicting. To alter the mode of payment will be a defeasance of the … way of indemnity against a rent payable in respect of any land, or against the breach of any covenant or condition in relation to land is not a bill of sale within the meaning of the above
Registration of title of land
for value of registered land with any title but possessory is not affected by trusts, express, implied, or constructive (s. 74). A possessory title is affected by trusts arising prior to the first registration, of which the
Priority
give effect to prior equitable claims of which he has notice, whether verbal or written, or actual or constructive, Torkington v. Magee, (1902) 2 KB 427. The notice does not, under the rule in Dearle v. Hall, … persons, if any, to whom notice must be given and, in their absence, for the indorsement of a memorandum on the trust instrument are provided by the section, see Dearle v. Hall. In regard to mortgages: before
Water and watercourse
and Water Supply), each of them consolidate in one Act provisions usually contained in special Acts authorizing the construction of waterworks by companies for the supply of water to the public at a limited profit to the … companies, at a price to be agreed on between the Board and the companies, or in default of agreement by Sir Edward Fry (formerly Fry, L.J.), Sir Hugh Owen, and Sir J.W. Barry. The supply of water
debt
: something owed: as a : a specific sum of money or a performance due another esp. by agreement (as a loan agreement) [to pay the s…of the United States "U.S. Constitution art. I"] [a for alimony]
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