Since the name of the real owner per se is not listed, it weakens their credit rating. Therefore, creditors might find it hard to go after you since your ownership of this property is not listed. 2 Land Trust Does Not Have Legal Codes in Some US States Land trust is legal everywhere. However, there are certain US States without a specified legal statute in the process of owning and regulating a land trust. If there are questions regarding the legalities of the land trust transaction in these states, they are interpreted using common law which means that a court ruling is heard or it is based on a precedent
When the defendant’s wrong does not fit in any of these pigeon holes he is said to have committed no tort. Hence this theory of Salmond is also known as pigeon hole theory. However the theory of pigeon hole has been criticized by the latter writers as they feel this theory, if accepted, will put an end to the growth and evolution of the new categories of liability in tort and the Courts could be prevented from identifying any new torts based on the violation of the legal rights of a person. Torts are infinitely various and not limited and confined. The novelty of claim may arise and Court may recognize a novel claim.
The parties would be in the same position as they would have between had the contract never been made. No property would pass under such a contract; so, for eample,a third party who purchased goods which had been subject of a void contract would acquire no title to the goods and have to deliver them up to the true owner. Conversely, money paid in pursuance of a void contract could be recovered from the person to whom it had been paid. This indeed is the meaning of void where a contract is said to be void for mistake. Where a contract is rendered ‘null and void’ by the gaming act 1845, not only do no rights of action arise out of the contract, but any money or other property transferred cannot be recovered.
Due to the nature of an insurance agreement, each party needs ‐ and is legally entitled ‐ to rely upon the representations and declarations of the other. Each party must have a reasonable expectation that the other party is not attempting to defraud, mislead, or conceal information and is indeed conducting themselves in good faith. In a contract of utmost good faith, each party has a duty to reveal all material information (that is, information that would likely influence a party's decision to either enter into or decline the contract), and if any such data is not disclosed, the other party will usually have the right to void the
Void contract: It is no legal effect and none of the parties can be legally enforce it. It means that none of the parties can be protect by law. If a transaction is not under protecting, it can be very danger, the buyer and seller need to take the risk of
Section 142 states “An agent has an authority, in an emergency, to take any actions to protect the principal from loss as any person of ordinary prudence will do, for himself, in the same circumstances.” The agency may exist by the consent of both parties, which are the agent and the principal. In some cases, the necessity agent will exist, in an emergency, where by a person is entrusted by force to protect other’s property, although he has not been appointed by the principal. However, it is necessary for the agent to protect the property as on principal behalf, even he has no express authority to do so. For example, in Great Northern Railway Co. vs. Swaffield,1874, cases, Mr. Swaffield sent his horse by a railway to a station at Sandy. The
In view of this, if the records do not belong to an organization, the information professionals should seek permission before reproducing the documents. On the other hand, if the organization reproduce their own work this is not considered as a breach since they have intellectual rights to do so. Digitization as it relates to copyright issues can be hampered if records are not intellectually owned. Records managers can run into law suits if they are not aware of the origin of the records before they are digitized. According to Kastellec, it is the responsibility of records managers to ascertain the origin of each record within their custody (30).
This is clearly against the consideration doctrine saying that consideration has to be sufficient for contracts to be valid. Also, promissory estoppel can only be used as a shield but not as a sword which limits its application as laid down by Combe v Combe [1951] 2 KB 215. It is therefore reliance-based on the defendant and is incomparable with the consideration doctrine which can be applied on its own as an independent doctrine. There are areas which promissory estoppel would not be applicable, and to “allow promissory estoppel to substitute for consideration would be a mismatch which confuses the different bases for
In this when the key is established, sub-sequent communication involves sending cryptograms over a channel. However in order to establish the key, two users, who share no secret information initially, must at a certain stage of communication use a reliable and very secure channel. [1] In principle any classical key distribution can always be passively monitored, without the legitimate users being aware that any eavesdropping has taken place. In classical cryptography concept use the secret key encryption technique. Fig: encryption concept [1] The interesting solution for the concept of key distribution problem proposed by the Whitfield Diffie and Martin Hellman.
In our view, the hard core of constructivism concerns the reconcilability of, on the one hand, plurality of knowledge and, on the other, its reference to reality. If knowledge is no representation of reality but construction, how does it have a hold in reality? How is, in other words, the existence of plural realities to be accounted for? To be sure (and against often raised objections in philosophical discussions), constructivism does not entail a relativist, anti-realist position. Neither does it recur to the sceptic nor solipsistic doubt about whether there is any external world.