Constructive Intent - Law Dictionary Search Results
Implied trusts
confer any right on the party abusing it, or on those who claim in privity with him. See CONSTRUCTIVE TRUST. Consult Lewin or Godefroi on Trusts. … or situation of parties. Implied trusts have been distributed into two classes: (1) those depending upon the presumed intent of the parties, as where property is delivered by one to another to be handed over to a
Bad faith
Bad faith, is the opposite of good faith, generally implying or involving, but not limited so, actual or constructive fraud, or a design to mislead or deceive another, or any other sinister motive. Conceptually bad faith can … mislead or deceive another, or any other sinister motive. Conceptually bad faith can be understood as a 'dishonest intention', Harrison v. Telon Valley Trading Co. Ltd., (2004) 1 WLR 2577. Bad faith, is more appropriate to a
Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire
restrictions, the maxims 'are undoubtedly the most important and comprehensive which can be used for determining the true construction of written instruments.' … Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire. Co. Litt. 36.-(Constructions are to be made liberally, on account of the simplicity
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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 … trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are
Burglary
which may be either actual, e.g., the forcing of a door or the opening of a window, or constructive, as where the offender obtains admittance by fraud, is a necessary part of the offence of burglary, although … At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that- Means the act
Covenant
strongly against the covenanter and most in favour of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is … made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour
A vinculo matrimonii
souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction … cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4
delivery
causa mortis at gift NOTE: A conditional delivery is usually made in order to make a transfer revocable. constructive delivery : a delivery of a representation of property (as a written instrument) or means of possession (as … delivery pl: -er·ies : an act that shows a transferor's intent to make a transfer of property (as a gift) ;esp : the transfer of possession or exclusive control
Declaration of trust
authorized in writing or by will; (2) this section does not affect the creation of resulting, implied or constructive trusts. It appears that this statute does not extend to the declaration or creation of trusts of mere … of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust should be irrevocably expressed. There is no form or particular set of words, or
Lien
for nemo plus juris ad alium transferre potest, quam ipse habet. There must also be an actual or constructive possession by the party asserting it, with the express or implied asset of the party against whom it … party against whom it is asserted. It must not be inconsistent with the express terms or the clear intent of the contract. (2) The debts or claims to which a lien properly attaches. It attaches only to
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