What is the difference between a resulting trust and a constructive trust?
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What is the difference between a resulting trust and a constructive trust?
A resulting trust is based upon the presumed intention that arises where a person provides funds for the purchase of property. A constructive trust is founded upon a common intention that can either be expressed or inferred but cannot be based upon an intention that the parties never in fact had.
What is a constructive trust claim?
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment, oppressive conduct or due to a breach of fiduciary duty.
What is constructive trust in family law?
A constructive trust remedy gives the claimant an interest in the other spouse’s property. there is a causal connection between their contributions and the acquisition (purchase), preservation, maintenance or improvement of the property in question, and. that a monetary award would not be sufficient.
What is doctrine of quantum meruit?
Procedurally, quantum meruit is the name of a legal action brought to recover compensation for work done and labour performed “where no price has been agreed.”1 The term literally means “as much as is deserved”2 and often can be seen as the legal form of equitable compensation or restitution.
What is Quantum compensation?
The amendment specifies the procedure for processing of reports of Serious Adverse Events (SAEs) including deaths occurring during clinical trial to arrive at the cause of death/injury to the subject, and to determine the quantum of compensation, if any, to be paid by the Sponsor or his representative, whosoever have …
What is the quantum of damages?
Quantum is the amount of damages that are awarded to a successful party in a claim. For further information, see Measure of damages in contract and Measure of damages in tort.
What does quantum mean in law?
What is the effect of wagering agreement?
Effects of Wagering Agreements agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the results of any game or other uncertain event on which any wager is made.
What is uncertain agreement?
Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations. (a) A agrees to sell B “a hundred tons of oil”. There is nothing whatever to show what kind of oil was intended.
