issue of fact
A point supported by one party’s evidence and controverted by another’s. — Also termed fact issue.
Search Results for: TROVER
fiduciary bond
A type of surety bond required of a trustee, administrator, executor, guardian, conservator, or other fiduciary to ensure the proper performance of duties. [Cases: Executors and Administrators 26; Trusts 161. C.J.S. Executors and Administrators § 71; Trover and Conversion § 302.]
inevitable disclosure doctrine
inevitable-disclosure doctrine. Trade secrets. The legal theory that a key employee, once hired by a competitor, cannot avoid misappropriating the former employer’s trade secrets. • To justify an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the
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trust fund
The property held in a trust by a trustee; CORPUS(1). [Cases: Trusts 1. C.J.S. Trover and Conversion §§ 1–9, 14–18.]
executed trust
A trust in which the estates and interests in the subject matter of the trust are completely limited and defined by the instrument creating the trust and require no further instruments to complete them. — Also termed complete voluntary trust.[Cases: Trusts 114. C.J.S. Trover and Conversion § 215.]
disjunctive denial
A response that controverts the truthfulness of two or more allegations of a complaint in the alternative.
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illusory trust
An arrangement that looks like a trust but, because of powers retained in the settlor, has no real substance and is not a completed trust. [Cases: Trusts 1. C.J.S. Trover and Conversion §§ 1–9, 14–18.]
trust fund
trust fund. The property held in a trust by a trustee; CORPUS(1). [Cases: Trusts 1. C.J.S. Trover and Conversion §§ 1–9, 14–18.] common trust fund. A trust fund set up within a trust department to combine the assets of numerous small trusts to achieve greater investment diversification. • Common trust funds are regulated by state
aggregation doctrine
aggregation doctrine. The rule that precludes a party from totaling all claims for purposes of meeting the minimum amount necessary to give rise to federal diversity jurisdiction under the amount-in-controversy requirement. See diversity jurisdiction under JURISDICTION; AMOUNT IN CONTROVERSY. [Cases: Federal Courts 344.]
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course of performance
course of performance. A sequence of previous performance by either party after an agreement has been entered into, when a contract involves repeated occasions for performance and both parties know the nature of the performance and have an opportunity to object to it. • A course of performance accepted or acquiesced in without objection is
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