Contact Us
Sign In / Sign Up for FREE
Go to advanced search...
Nobody downloaded yet

Contentious Issue of Interpretation of Trust - Case Study Example

Comments (0) Cite this document
From the paper "Contentious Issue of Interpretation of Trust" it is clear that the history of illegality is not a one fit- for- all cases. A number of all contributory factors need to be identified, assessed and argued before a final verdict is passed…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98% of users find it useful
Contentious Issue of Interpretation of Trust
Read TextPreview

Extract of sample "Contentious Issue of Interpretation of Trust"

Download file to see previous pages The relationship ended, but Kathleen claimed a share of the joint property. The defendant claimed that since the transaction was itself illegal, action would not succeed. However, the House of Lords (HOL) held that since the applicant relied on trust, and not on the illegality of the agreement, the applicant’s stand was reasonable under the law. The “illegality doctrine “ is contained in the dictum “ex turpi non oritur actio”, or in other words, no suit can arise out of an inherent illegal or unlawful activity. (Smith).
The concept of ex turpi causa may sometimes be raised as a defence during the course of many claims in tort. Since people must be themselves responsible for their own criminal actions, the law recognizes that Courts, during normal cases, must not to recompense people who have suffered a loss in the course of their own wrongful actions, even where the primary fault could lie with someone else. This is also known as a public conscience test. In this case, HOL cast off the aspect of this test, or how the case would appear to the public. The main aspect that the Courts considered was reliability. Although it could only be selectively applied in property cases, as in Tinsley v. Milligan, it has been used very sparingly and selectively during trial proceedings of tort cases. (Stone & Rolls v Moore Stephens). This could be reaffirmed in the case of Stone & Rolls v Moore Stephens (2008). In this case, a one-man business owned and run by Mr Stojevic, committed letter of credit frauds, by issuing fake documents, thus cheating banks of a substantial sum of money. One of such aggrieved banks brought action against Stojevic and his company, and later the company was liquidated. But neither the company nor its owner was in a position to pay off creditors. Under such circumstances, the liquidator brought an action against the statutory auditor, Moore Stephens, and held him responsible, stating that his negligence in not properly auditing the financial statements had led to such irregularities and the ultimate fiasco of the company’s business. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(Contentious Issue of Interpretation of Trust Case Study, n.d.)
Contentious Issue of Interpretation of Trust Case Study.
(Contentious Issue of Interpretation of Trust Case Study)
Contentious Issue of Interpretation of Trust Case Study.
“Contentious Issue of Interpretation of Trust Case Study”.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contentious Issue of Interpretation of Trust

Critique of the Book America's Constitution:A Biography by Akhil Amar

... clubbed together when he argues, “And yet….in important ways the document did worsen the plight of those most cruelly denied the blessings of liberty. Slavery was the original sin in the New World garden, and the Constitution did more to feed the serpent than to crush it.”(20) This observation is but one of the many such examples when the author uses the interpretative method to highlight his viewpoints on contentious issues that challenge the American society. He is in search of a human face, not a heartless legal robot, behind the interpretation of articles of the Constitution and looks at them with a holistic perspective. Akhil is aware of certain shortcomings of the constitution and the biography is still not complete! The un-enacted...
3 Pages(750 words)Book Report/Review


...?Interpretation Many experts, whether social, economic, or political, agree with the common phrase that no man is an island, a concept that may applyboth literally and constructively. In economic set ups for example, sellers, and buyers influence one another in relationships that depend on general market trends. Such trends are however established by collective impacts from individual members of the society. Political environments also identify collective positions that are sometimes so intense to determine people’s behaviors at personal levels. The greatest sense in the phrase is however noted in social set-ups in which culture and traditional beliefs are significant in people’s lives. I, in this paper, explore the extent of society’s...
4 Pages(1000 words)Essay

Contentious Diversity Issue

...The society has a way of keeping up with the changing times. Legislation has undergone many changes and amendments throughout the years to be able tocope with the changing needs of the citizens. The increasing diversity in the workforce has become an apparent occurrence that also has economic and political implications. The number of women actively participating in the workforce increased dramatically and several issues are brought about by their increased representation. The rationale behind this research to be able to investigate the laws and regulations that continuously seek to promote gender equality specially in the workforce. The Emergence of Sexism Sexism is the ideology that one sex is superior than the other. The term...
10 Pages(2500 words)Essay

Contentious Issue of Smoking versus Non-Smoking case : Ethics assignment

... Ethics and Rights (Smoking Issue) 02 December Case Facts This case deals with the contentious issue of smoking within an adult residential place. The case facts state the place is not a hospital or an assisted-living community; the place is essentially a retirement community for still active and apparently healthy seniors. There are people who bought properties within the community because it had promised to be a place like home and indeed it was like that originally. People were free to do what they want to do as long as it is inside their own homes, such as smoking. People who want to smoke were also free to do so wherever and whenever they want during the early years of the community. Early residents equated the idea of a place like...
4 Pages(1000 words)Essay


... Arch 330: Week 2: Beauty [Today’s Interpretation Litter comprises of any waste products such as papers, containers, faeces or wrappers that have been disposed off without consent or care. The term litter can also be used as a verb to describe the action of deliberately throwing objects on the ground and not removing them. Littering is very different from disposing them off properly in the designated areas. Littering is a serious environmental issue in very many states because it has negative impacts (Hill, p. 97). The sound bite in this case is “Singapore: Litter free.” Here, we see a litter bin along one of the streets in Singapore next to the wall. The architectural design of the floor of the street and the wall shows that it is a major...
2 Pages(500 words)Essay


...Client’s 4 March Trust is a very broad term; different people would have different definitions for this word. It is an act which is both emotional as well as logical. A person becomes extremely vulnerable when he trusts another person, this is the emotional side which gets displayed. Logic comes into play when a person is confident that the other person will not take advantage of his situation. This is both logical and emotional, trusting another person has become really difficult because most people do not keep their promises and also try and take advantage of the situation hence disturbing the person who had trusted the other person emotionally. “Emotions associated with trust include companionship, friendship, love, agreement...
1 Pages(250 words)Research Paper


...COSMOPOLITANISM, MEANING AND INTERPRETATION [Insert al Affiliation] After reading Koichi Iwabuchi’s article, one term that candidlystood out for me is cosmopolitanism. The term is a key one appearing in various pages on the masterpiece and goes a long way in bolstering our understanding of the material. Due to this ostensible fact, I found it important to try and describe its meaning derived from the reading and uncover the bearing that it has in understanding this week’s readings. Cosmopolitanism, according to the reading, implies the idea that human beings, Japanese in this scenario, originated from a common ancestry and we, therefore, share a lot. Apparently, the common ancestry implies that we share several ideas, customs... MEANING AND...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Contentious Issue of Interpretation of Trust for FREE!

Contact Us