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Principal (commercial law)

About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).


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TL;DR: A more refined approach would recognise that whether remoteness criteria apply at all depends on the nature of the claim advanced, for they are only apposite where the beneficiary seeks compensation for loss incurred by reason of the defendant's misconduct.
Abstract: Plainly there is a need for the English courts to restate the application of remoteness criteria to money claims against defaulting trustees. The dicta in Target Holdings and Collins v Brebner as well as the statement in Lewin on Trusts provide an unsatisfactory basis for deciding future cases. A more refined approach would recognise that whether remoteness criteria apply at all depends on the nature of the claim advanced, for they are only apposite where the beneficiary seeks compensation for loss incurred by reason of the defendant’s misconduct. Remoteness criteria have no purchase where the beneficiary instead overlooks the breach and requires his trustee to perform his primary duties, even if that performance is to be effected in money. Greater refinement is also needed in formulating the criteria that condition liability where the claim is for reparation of loss. In this the English courts should adopt the two principles that underpinned Fisher J’s approach in the Guardian Trust case: they should tailor the applicable criteria to the different types of breach of trust that may be committed and they should develop those criteria harmoniously with the law as it applies to cognate common law wrongs. The progress of the law is towards treating reparation claims for breach of trust in two broad compartments that correspond to the two major compartments discernable in tort law. The first includes claims arising from unintentional and judicious breaches of trust; here the principal remoteness test should be reasonable foreseeability of the kind of loss. The second includes claims arising from intentional disloyalty; here unforeseeable losses should be recoverable so long as they are the direct result of the breach.

3 citations

Book
01 May 2001
TL;DR: In this article, a framework for understanding internet E-commerce and examining the principal English law issues which should be considered before conducting business electronically is presented, including practical steps to avoid legal pitfalls.
Abstract: Trading over the Internet raises a number of legal and commercial questions which businesses have not previously had to face. This text provides a framework for understanding internet E-commerce and examines the principal English law issues which should be considered before conducting business electronically. This series offers legal guidance to non-practitioners/professionals, it aims to inform the reader of the legal issues relevant to them and includes practical steps to avoid legal pitfalls.

3 citations

01 Jan 2003
TL;DR: In the last decade, asset forfeiture became institutionalized as an essential weapon in the arsenal that the federal law enforcement agencies in the United States could bring to bear on the perpetrators of crime as mentioned in this paper.
Abstract: Asset forfeiture came into prominence as a law enforcement tool in the United States during the 1990s. At the beginning of that decade, the Department of Justice - the principal federal law enforcement agency - was forfeiting approximately $200 million per year in criminal assets, mostly from drug cases. By the end of the decade, it was forfeiting over $600 million per year in assets involved in an enormous variety of serious crimes. In short, in the last decade, asset forfeiture became institutionalized as an essential weapon in the arsenal that the federal law enforcement agencies in the United States could bring to bear on the perpetrators of crime. But the statutes, procedures and policies that govern the application of the forfeiture laws did not spring full-grown from a single Act of Congress. Nor were the various statutes that were enacted piecemeal over many years accepted by the courts without scepticism or controversy. To the contrary, laws and concepts that were slowly developed throughout the nineteenth and twentieth centuries were greatly expanded in the last 20 years, applied in new contexts, and subjected to close scrutiny by a sceptical judiciary. Only now, after more than a dozen constitutional challenges in the Supreme Court of the United States and the enactment of comprehensive reform legislation, can it be said that most of the major issues have been settled. Many issues remain, but to a large extent when the practitioners of forfeiture law go to federal court today, they are litigating over the details.

3 citations

Journal ArticleDOI
TL;DR: In this article, the problem of a principal firm's choice of contracting agents under extended liability, where agents have the possibility of causing an accident and also are at risk of becoming insolvent, is solved.

3 citations

29 Mar 2019
TL;DR: The requirements to obtain a Principal certificate are described in this paper.They require a master's degree from a university that is accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board (THECB).
Abstract: Principal There are five requirements to obtain a Principal certificate. must hold a master's degree from a university that is accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board (THECB) (outside source) U.S. Department of Education Database for Ac

3 citations


Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20222
202130
202037
201953
201839
201755