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Every Express Trust is a Contract, but Every Contract is Not Always a Trust: The Key Differences

ByPastoroftheWay Reading Time: 9 minutes

Every Express Trust is a Contract, but Every Contract is Not Always a Trust: The Key Differences Understanding the legal concepts of trusts and contracts is critical to avoiding confusion, especially since both can involve agreements and obligations. However, as highlighted in Bogert’s The Law of Trusts and Trustees § 17, these legal structures have…

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Adhesion Contracts and Their Intersection with the Fifth Amendment: An In-Depth Legal Analysis

ByPastoroftheWay Reading Time: 8 minutes

Introduction to Adhesion Contracts and Property Rights Adhesion contracts, characterized by unequal bargaining power and non-negotiable terms, often raise concerns about fairness and enforceability. When such contracts involve deceit, constructive fraud, malfeasance, or deceptive practices, they challenge fundamental principles of contract and constitutional law. This article examines the interplay between adhesion contracts, property as defined…

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Adhesion Contracts: Full Disclosure, Consent, and Legal Protections for Vulnerable Parties

ByPastoroftheWay Reading Time: 12 minutes

Adhesion contracts, often characterized by pre-drafted terms and unequal bargaining power, present unique challenges when involving minors or legally incompetent individuals. These agreements raise questions about fairness, enforceability, and the legal protections necessary for vulnerable parties. This article examines the critical principles of full disclosure, consent, and unconscionability while incorporating a discussion of the Baby…

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Upcoming Workshop. The Law of Contracts

ByPastoroftheWay Reading Time: 1 minute

Starting October 7th, 2023 will be The Law of Contracts workshop for Sentry members. This workshop will continue to be on the first and third Saturday from 15:00 – 19:00 Eastern time. In this class you will be learning all the principles of contracts and contract law. In turn you will be able to get…

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What is wrong with the “Secured Party” Process? Part 1

ByPastoroftheWay Reading Time: 3 minutes

Now, do not take this as saying that the entire process I disagree with. Because, I do not disagree with the whole process. Do I personally believe you need to do it? No! Now, if you are going to do certain things, like start a business, then you might want to consider using a trust….

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Who or what is the all caps name?

ByPastoroftheWay Reading Time: 1 minute