Daily Archives: August 25, 2015

Robert William Fisher

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R W FISHER

Robert William Fisher is a criminal on the FBI’s most wanted list. He is known as Bobby Fisher. He is not to be confused with Bobby Fischer the chess player.

Fisher was born in the USA in 1961. His parents divorced and this had a very negative impact on him. He volunteered for the US Navy. It was a family for someone without a family.

Fisher married and had children. He was passionate about exploring the forests. He was a very strict father. His control freakery was off putting. He was unfriendly towards others. He later said he feared growing attached to people and then losing them as he had his parents.

Fisher was religiously observant. In 2000 he stopped attending his church. He and his wife argued bitterly. He admitted being unfaithful to her. They considered a divorce. Fisher thought this was the final horror. He was averse to it because of his parents. He hinted that he would rather take his own life than divorce.

In 2000 the Fisher house blew up. Mrs Fisher and both her children were killed. Mr Fisher was not there.

Mr Fisher’s car was found in Arizona a few days later. Then his dog was located. Fisher has been charged with three murders and arson. He has never been located. He is a fanatical survivalist.

The FBI placed him 3rd on the most wanted list.  There is a bounty of $ 100 000 on his head.

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  1. In which country was he born?

2. What is his age?

3. How many children did he have?

4. Describe his childhood.

5. Why did he become unhappy in 2000?

6. What crimes has he been charged with?

7. What clues were found as to his whereabouts?

8. Is he wanted by the FBI?

9.. What methods would you suggest using to track him down?

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Classification of trusts

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trusts are either express or else implied.

Implied trusts are also called non-express or imputed.

express trust – someone says a trust is made. simple. it is divided into fixed express trust or a discretionary express trust.

fixed express trust says what the property is and what the benefits are for each beneficiary

discretionary trust – settlor leaves it to the discretion of the trustees to decided what each ebenfiaicyr will get

courts prefer fixed express trust.

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NON EXPRESS TRUST

separation between constructive and resulting trust

difference – constructive created where courts find it unconscionable for the legal owner to retain ownership. courts construct it for equity, to satisfy good conscience.

resulting trust – their focus is that these are created by operaiton of law rather than court decision. two  specific situations where this arises

constructive truusts = further divide institutional constructive trust

remedial constructive trust. mainly USA. trust is thrown upon situation to resolve situation. institutional constructive tursts is more English – these are if the conditions are satisfied we shall impose a trust. looks like a trust so it is a trust

Remediial to to remedy a wrong

remedial trust is up to the conscience of the court.

resulting trust – similar but boundaries are there. similar to constructive trust but different in that Lord Browne- Wilkinson Deutsh Landsbanke v Islington Borough COuncil. 2 situations where resulting trusts arise. Automatic resulting trust. attempt to create a treust but beneficial interest failed or was not fully dealt with. Automatically there iis a resulting trust equitable interests goes somewhere else.

presumed resulting trust – a gift. Voluntary. property is transferred without consideration or someone has contributed to the purchase price.

these are operations of law not an issue of justice.

A dream of Albania

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I was in Albania. I am unsure why. I have been reading a history of MI6 and there were many failed attempts there. Perhaps I was anxious about my return to this land where I dwell. In my dream I was confronted by two diminutive Russian middle aged men. Despite their stature they did not lack for self-assurance. They bearded me. One of them was the driver for that fashionista. The other was the man on solaia. They are both fairly hard considering their size. It may seem incongruous – Russians in Albania.

Trusts – an intro

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trust is form of ownership of an asset – could be stocks, shares, land etc..

legal and equitable rights are separate in a trust. The same person can own both the legal and equitable trust. But usually they are owned separately in the trust. Legal and equitable rights are conceptually different and have different duties.

compare it to a contract.

a trusteee under breach of a trust has sold the trust to another party. The other party despite knowing that the trust was there to benefit someone else. This third party will not be liable to the beneficiary. This is due to privity of contract.

A third party and the beneficiaries cannot bring actions.

Trusts are successful because they regulate relationships involving more than 2 parties.

Look at initial contract between settlor and trustee – you must hold property in respect of X – if the trustee breaches the trust then the settlor can bring an action. The property was held to benefiit the benficiary. The beneficiary suffers loss not the settlor.

contractual relationships – one needs capaocty. Not for minors or defectives. In family contexts trusts are to benefit children or mentally ill.

A trust can be created by  giving property to trustee stating who the property is held for the benefit of

a trust can be created by the settlor who declares themselves the trustee

different formalities.

essentials of a trust – three certainties. Intention. (need to be able to be certain settlor intended to make a trsut – subject matter (be certain what the property is). certainty of objects. (one needs to know who the beneficiayr is).

beneficiary principles – trusts must be to benefit a human and identifiable.

beneficiary can enforce the trust.

formalities must be fulfilled. Legal rights – transfer of land by deed and registration.

moral basis of trust. Lord Chief Justice said it is ” a confidence reposed in some other”

;egal duties and obligations develop on this basis

trust is man made.

fiduciary duties.