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

Only on StudentShare

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. ...Show more

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.
Author : sincere08
Establish the terms of the contract between Yardly and BALIOL essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Establish the terms of the contract between Yardly and BALIOL"
with a personal 20% discount.
Grab the best paper

Related Essays

Miscommunication between Teachers In Terms Of Culture, Language, Generation Differences
The relationship between teachers and their students influence the process of learning. Miscommunication in most cases lead to improper information discourse. Drawbacks in communication may rise from differences inherent in culture, language as well as generational differences.
13 pages (3250 words) Case Study
Contract law
The parties should be able to rescind the contract under mediated caution. Rescission of a contract, based on mutual mistake, involves both legal and ethical considerations that should be made in justifying it. A legal approach to the issues identifies termination of a contract under mutual mistake because this makes a contract void per se.
3 pages (750 words) Case Study
Contract Law
Under such circumstances ASL decide not to deliver the oven at that time. Alan does possess a small oven but he deems that it would be inadequate for the particular use. As a result, Alan's restaurant cannot open until 5th November, when the oven finally arrives.
8 pages (2000 words) Case Study
Establish & Adjust the markerting mix3
The company's products are mainly do-it-yourself (DIY) with easy-to-follow 'plug-and-play' instructions, full after-sale technical support and retail-friendly product packaging aimed at home, office and small-to-medium retail users. For customers needing more high-tech solutions, Swann is at the forefront of the latest international trends including wireless connectivity, professional quality CCTV cameras with infrared night vision, digital video recording with motion detection and networkability, web surveillance and remote notification.
7 pages (1750 words) Case Study
Contract Law
The Director General of Fair Trading v. First National Bank [2001] 1 AC 481, was a test case, which has garnered a considerable amount of attention and controversy on the issues of fairness (equality) and reasonableness.
16 pages (4000 words) Case Study
Contract law,
A contract is a legal binding between two parties (individuals or companies at either side) which is signed by both parties at their full consent after having a "clear" understanding of the terms set forth. The primary attributes of a contract are: Contracts should always be written with all the terms clearly legible, numbered and referenced (if any reference to supporting documents are required - example, offer letter or technical specifications).
7 pages (1750 words) Case Study
Commercial Contract
b.) Offer: This is the part of the contract that defines the proposed product or service that will have to be acceptable on binding terms to proceed with the contract. In this case study, a second hand laptop was on offer at original price of $200 dollar.
4 pages (1000 words) Case Study
Contract Type
Answer: Mr. Hiller should attempt to negotiate a fixed price contract with NASA since the materials to be used, the duration of the study and labor needed are already specified, in which the contractor takes on full responsibility for the
2 pages (500 words) Case Study
Miscommunication Between Teachers In Terms Of Culture, Language, Generation Or Age Differences
There is the occurrence of what has largely been referred to as the generational change. The advent of the new media has brought with it new
1 pages (250 words) Case Study
Contract law
??s imposing of a collective, equal liability upon all the students residing in the halls of residence is unfair, especially when the individuals responsible for a breach of the contractual terms cannot be identified, and whether the exclusion clause (c), exonerating the
3 pages (750 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT