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Articles 1 - 11 of 11

Full-Text Articles in Law

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano Jan 2020

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.


The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr. Nov 2017

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.


Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See Dec 2016

Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2016

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor Aug 2015

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher Jan 2014

The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher

Faculty Scholarship

This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and …


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2012

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2008

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2003

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.


Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt Jan 2003

Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.


Toward Uniform Guardianship Legislation, William F. Fratcher Apr 1966

Toward Uniform Guardianship Legislation, William F. Fratcher

Michigan Law Review

The Model Probate Code, part IV of which covers guardianship of the persons and property of infants and mental incompetents, was published in 1946 under the auspices of the University of Michigan Law School. It was prepared for the Probate Law Division of the Section of Real Property, Probate, and Trust Law of the American Bar Association by its Model Probate Code Committee in cooperation with the research staff of the Law School. No state has adopted the Model Probate Code in its entirety, but parts of it have been enacted in Arkansas, California, Colorado, Delaware, Hawaii, Illinois, Indiana, Missouri, …