Got a tricky question? Receive an answer from students like you! Try us!

Establish the terms of the contract between Yardly and BALIOL - Case Study Example

Only on StudentShare
Undergraduate
Author : sincere08
Case Study
Miscellaneous
Pages 4 (1004 words)

Summary

In a linguistic sense fiduciary means simply, held in trust, or a person who holds anything in trust but in a legal sense it has come to have a wider meaning referring to a variety of situations, allowing one person, or group, to bring another to account on the basis of their fiduciary relationship.

Extract of sample
Establish the terms of the contract between Yardly and BALIOL


It could be said that a fiduciary relationship is found where one party reasonably places his trust and reliance in another party to act in a loyal manner conducive to his best interests. However, useful though that definition could prove, Jill Martin may be being more realistic where she says that 'it may sometimes appear that the defendant may classified as a fiduciary, or not, in order to achieve the desired result.' As such the judiciary's approach to the fiduciary relationship might be best understood as an example of a purposive approach to the law where they have attempted to give effect to the spirit of the law as opposed to any strict definition.
Under the rule in Keech v Sandford it is assumed that a fiduciary acts voluntarily and cannot charge for their time and trouble , but the law has long recognised that some fiduciary relationships require remuneration of some sort and it would be nave to suppose otherwise. In Robinson v Pett it was held that if a fiduciary could show a specific entitlement to remuneration they would receive it and similarly a fiduciary will receive any out of pocket expenses incurred doing business in their fiduciary capacity . If in a trust situation the beneficiaries are all sui juris and there is no possibility of undue influence they may agree to the trustee being paid. ...
Download paper

Related Essays

comparison between one selected alternative procurement strategy against the traditional lump sum contract
There have been many developments in the field of procurement management over the years. Partnering, Construction Management, Management Contracting , Built-Operate-Transfer / Public Private Partnership, Guaranteed Maximum Price etc are some of the commonly used procurement strategies. With this background, the present essay discusses and compares differences in the procurement of management Contracting and the traditional lump sum contracting.…
6 pages (1506 words)
Research Proposal to Establish a Quiet Room
I took the further step of contacting maintenance to get an estimate of plans, expense and materials. These are included in the report. They have assured me that it will be a simple task to transform an existing office into a Quiet Room. I have also contacted Human Resources and they are evaluating the project to assure it has proper oversight.…
8 pages (2008 words)
Discuss the development of Implied Terms in English Contract Law and how this is reflected in the current Sales of Goods
For any contract under the English law, an offer must be made of terms which are accepted by the other party. Usually an offer can be an oral or a written statement. The contract is complete only if it is accepted by all the parties concerned. The duration till which a contract can be withdrawn is until the time of its acceptance, but as soon as the contract is established it becomes a binding obligation.…
8 pages (2008 words)
Implied and Express terms (contract)
In such situations the concept of what are implied terms comes into the picture. Implied terms could be a condition, a warranty or an innominate term and it’s on only by knowing the effect of each, that we could determine the distinction of one from the other.…
4 pages (1004 words)
Contract
For example, in the case of Gibson v Manchester City Council7, the words “may be prepared to sell” constituted an invitation to treat and not a distinct offer. Indeed, the Gibson decision challenged the traditional view for formation of contractual agreement. In this case, Lord Denning asserted that when considering whether there is a binding contractual agreement, it could be argued that “there is no need to look for strict offer and acceptance. You should look at the correspondence as a whole and at the conduct of the parties and see therefore whether the parties have come to an…
8 pages (2008 words)
What are the main differences between contract and tort?
A contract can be in verbal or written form but the most important thing is that there would be an agreement especially between two parties. On the other hand, a tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one’s neighbour (Capiro Industries vs. Dickman 1990).…
8 pages (2008 words)
Contract
4. The Seller has agreed to deliver the Products to the Buyer’s hardware store at 456 First Street, Secondville, Michigan and that the Buyer is willing to pay for the extra delivery cost that will be incurred by the