The Law Relating To Civil Wrongs And Quasi-Contract Is Part Of The Civil Law


 

The Law Relating To Civil Wrongs And Quasi-Contract Is Part Of The Civil Law

civil wrong or wrong is a cause of action under the law of England and WalesTort,  breach of contract and breach of trust[4] are types of civil wrong.  A quasi-contract (or implied-in-law contract) is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should have been formed, even though in actuality it was not. It is used when a court finds it appropriate to create an obligation upon a non-contracting party to avoid injustice and to ensure fairness.

Source: The Role Of A Judge.

Trusts are usually created by a settlor, who gives assets to one or more trustees who undertake to use the assets for beneficiaries. Like in contract law no formality is required to make a trust, except where statute demands it (e.g. transfers of land, shares, for wills). To protect the settlor, English law demands a reasonable degree of certainty that a trust was intended. To be able to enforce the trust’s terms, the courts also require reasonable certainty about which assets were entrusted, and which people were meant to be the trust’s beneficiaries (wikipedia.org).

Word Of The Day: Person.

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About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
Aside | This entry was posted in Bailii, Family Law. Bookmark the permalink.

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