17. Informal trusts of land

2021 ◽  
pp. 394-425
Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The trust law that applies to family land might not be applicable to other types of land. Resulting trusts present a particular challenge in this regard. Although the doctrines of resulting trust have long been settled in the law of trusts, they have recently been questioned in the context of the family home. This chapter focuses on informal trusts of land and the social reasons why they are recognised, first looking at the problem of informality before turning to the different kinds of informal trusts of land. It also examines whether facts give rise to a resulting trust or a constructive trust, the practical significance of the distinction between constructive and resulting trusts of land, the relationship between proprietary estoppel and constructive trust, express agreement plus detrimental reliance, and the decision of the House of Lords in Stack v Dowden. The chapter concludes by considering some of the problems addressed by, and caused by, the operation of informal trusts in the context of cohabitation.

Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The trust law that applies to family land might not be applicable to other types of land. Resulting trusts present a particular challenge in this regard. Although the doctrines of resulting trust have long been settled in the law of trusts, they have recently been questioned in the context of the family home. This chapter focuses on informal trusts of land and the social reasons why they are recognised, first looking at the problem of informality before turning to the different kinds of informal trusts of land. It also examines whether facts give rise to a resulting trust or a constructive trust, the practical significance of the distinction between constructive and resulting trusts of land, the relationship between proprietary estoppel and constructive trust, express agreement plus detrimental reliance, and the decision of the House of Lords in Stack v Dowden. The chapter concludes by considering some of the problems addressed by, and caused by, the operation of informal trusts in the context of cohabitation.


2020 ◽  
pp. 42-50
Author(s):  
Aygul Fazlyeva ◽  
Aliya Akhmetshina

Children, brought up in foster families, experience various problems (diffi culties in interpersonal relationships with parents, diffi culties in communicating with peers, emotional instability), which lead to confl icts, quarrels, running away from home, destructive phenomena, etc. One of the eff ective forms of working with children brought up in foster families is individual counselling. Individual counselling is used by various specialists (psychologists, educators, psychotherapists), where a special place is taken by a social educator. His or her activity involves the implementation of social-protective, preventive, educational, informational, advisory functions. In the process of organizing individual counseling, the social educator takes into account the social situation of the family and the child, personal characteristics, social conditions, social and cultural characteristics and the nature of the relationship with the social environment. To organize individual counseling, a social educator needs to master various and eff ective techniques, and take into account a number of recommendations. An analysis of the literature and practical socio-pedagogical experience led to an understanding of the insuffi cient degree of elaboration of this issue. The purpose of this article was the solution to this problem.


Author(s):  
Brittany Pearl Battle

This chapter examines the sociocognitive dimensions of cultural categorizations of deservingness. The social issue of poverty has been a persistent source of debate in the American system of policy development, influenced by conceptual distinctions between the “haves” and “have-nots,” “working moms” and “unemployed dads,” and the “deserving poor” and the “undeserving poor.” Although there is a wealth of literature discussing the ideological underpinnings of stratification systems, these discussions often focus on categorical distinctions between the poor and the nonpoor, with much less discussion of distinctions made among the poor. Moreover, while scholars of culture and policy have long referenced the importance of cultural categories of worthiness in policy development, the theoretical significance of these distinctions has been largely understudied. I expand the discourse on the relationship between cultural representations of worth and social welfare policy by exploring how these categories are conceptualized. Drawing on analytical tools from a sociology of perception framework, I create a model that examines deservingness along continuums of morality and eligibility to highlight the taken-for-granted cultural subtleties that shape perceptions of the poor. I focus on social filters created by norms of poverty, welfare, and the family to explore how the deserving are differentiated from the undeserving.


2018 ◽  
Vol 15 (1) ◽  
pp. 18 ◽  
Author(s):  
Yuri Andrea Arango-Bernal

Objetivo: analizar los significados que construyen las madres de personas en condición de hemofilia, sobre ser portadoras de la enfermedad. Materiales y Métodos: Estudio cualitativo con enfoque del interaccionismo simbólico que, a través de una etnografía particularista y el uso de entrevistas semiestructuradas, observaciones y revisión documental, rescató el punto de vista de 17 madres pertenecientes a la Liga Antioqueña de Hemofílicos que participaron de manera voluntaria y residen en diferentes municipios del departamento de Antioquia. Resultados: Las participantes se reconocen a sí mismas como seres potenciales, es decir, no sólo como trasmisoras o cuidadoras de la enfermedad de sus hijos, sino como sujetos cognoscentes de su realidad dispuestas a reflexionar sobre sus aprendizajes e incorporarlos a favor de la relación consigo mismas y con los demás. Los significados más relevantes son: empezar a vivir con hemofilia, asumir la enfermedad, la familia, el cuidado y la crianza, la relación con los servicios de salud, caminando con algo que no se puede desprender y darse cuenta. Conclusiones: La salud colectiva es la posibilidad de tener un acercamiento más comprensivo al proceso salud – enfermedad – atención de los colectivos humanos, tomando en cuenta las condiciones económicas, sociales y culturales en las que estos se inscriben. La pregunta por los significados de estas madres develó el tejido de lo individual y lo colectivo, como un asunto que trasciende el plano biológico de la enfermedad y da cuenta de la construcción social en la que confluyen prácticas, saberes, imaginarios y sentimientos.Palabras Clave: Cuidadores, enfermedad crónica, hemofilia A, madresSignifi cance of being a hemophilia carrierAbstractObjective: Analyzing the meanings that mothers of people with hemophilia, build about being carriers of the disease. Materials and methods: Study based on the qualitative method supported by the approach of symbolic interaction, which through a particularistic ethnography, and the use of semi-structured interviews, observations and document review, rescued the point of view of 17 mothers belonging to the Liga Antioqueña de Hemofílicos. They participated voluntarily and reside in different municipalities of Antioquia. Results: The participants recognize themselves as potential beings, that is, not only as disseminators or carers of the illness of their children, but as cognocentes subject of their reality willing to reflect on their learning and incorporate them in favor of the relationship with herself and others. The most important meanings are: start living with hemophilia, assuming the disease, the family, the care and upbringing, relationships with health services, walking with something that can not be detached and realize. Conclusions: Collective health is the ability to have a more comprehensive approach to process health - disease - care of human groups, taking into account the economic, social and cultural conditions in which they are registered. The question of the meaning of these mothers, unveiled the tissue of the individual and the collective, as a matter that transcends the biological level of the disease and accounts for the social construction that blends practices, knowledge, imaginary and feelings.Key Words: Hemophilia A, chronic disease, mothers, caregivers. Significado de ser portadora de hemofiliaResumo                                   Objetivo: Analisar os significados construídos pelas mães de pessoas com hemofilia, sobre ser portadores da doença. Materiais e Métodos: Estudo qualitativo com foco no interacionismo simbólico, que, através de uma etnografia individualista e o uso de entrevistas semi-estruturadas, observações e revisão documental, resgatou o ponto de vista de 17 mães pertencentes à Liga Antioquia de Hemófilos que participaram voluntariamente e residem em diferentes municípios do departamento de Antioquia. Resultados: Os participantes se reconhecem como seres potenciais, ou seja, não apenas como transmissores ou cuidadores da doença de seus filhos, mas como sujeitos cognitivos de sua realidade que estão dispostos a refletir sobre sua aprendizagem e a incorporá-los em favor do relacionamento com eles mesmos e com os outros. Os significados mais relevantes são: começar a viver com hemofilia, assumir a doença, família, cuidados e educação, relacionar-se com os serviços de saúde, caminhar com algo que você não pode separar e perceber. Conclusões: A saúde coletiva é a possibilidade de ter uma abordagem mais abrangente para o processo saúde-doença-cuidado de grupos humanos, levando em consideração as condições econômicas, sociais e culturais nas quais estão registradas. A questão dos significados dessas mães revela o tecido do indivíduo e o coletivo como um problema que transcende o plano biológico da doença e explica a construção social em que as práticas, o conhecimento, o imaginário e os sentimentos convergem.Palavras-Chave: Cuidadores, doenças crônicas, hemofilia A, mães  


2021 ◽  
pp. 453-472
Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.


2019 ◽  
pp. 288-323
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.


Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.


Author(s):  
Vera Bermingham ◽  
Carol Brennan

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M H N Souza ◽  
T J Santos ◽  
R N Vasconcellos ◽  
M M Costa ◽  
A S Lira ◽  
...  

Abstract Introduction The family life of a child with chronic illness is marked by several determinants and demands for care. Within that context, the greater the support received, the greater the resources available to face vulnerability, and to respond positively to guidance and care. Objectives describing the social network of families of children with chronic illness, and understanding the meaning of the relationship of the family caregiver with the members of his/her social network. Methods Qualitative research with nineteen relatives of children with chronic diseases at a rehabilitation center in the city of Rio de Janeiro, Brazil. The theoretical framework of Sanicola's social network was used. Data were collected in November 2019 by semi-structured interviews and analyzed using the content analysis technique. The research was approved by the Ethics and Research Committee of the participating institutions. The social network map showed the presence of few members and mothers as the main caregivers. The main problems among children were: autism, Down syndrome, cognitive disorders and cerebral palsy. Among the most involved people with the caregivers, friends, sisters and grandparents stood out as the ones who offered material, financial and emotional support. Rehabilitation unit support (secondary level) and dissatisfaction with the primary health unit were mentioned. Conclusions The social network of children with chronic illness is a small family network marked by social vulnerability and the female gender as responsible for care. It is noteworthy that the weakness in the relationship with health professionals at primary care level can compromise care continuity. Therefore, it is recommended to professionals to know the social network of the clientele served, as well as interacting and strengthening this network in order to provide more effective actions for health protection, rehabilitation and supported self-care strategies. Key messages Chronic childhood disease is a major public health problem. Being aware of social network favors the implementation of more actions toward health protection, rehabilitation and supported self-care strategies.


Sign in / Sign up

Export Citation Format

Share Document