Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Fri, 15 Dec 2000 14:05:29 -0500 |
| Re: |
Cass (Trustee in Bankruptcy) v. Karpnale? |
My you are
all up late over there. Go home, it's Friday.
Rupert Shiers said
What I am about to say is probably just a
function of a tired brain. But what is there to donative intent (from
a legal, as opposed to spiritual perspective) other than an intention
to transfer my property to you for no consideration? I have to confess
that I am ignoring dividends and similar transfers here, but if pressed,
would be pleased to try explain those away. Over here in Canada, we do think of dividends as a kind
of gift, constrained of course by the directors' obligations to act in
the best interests of the corporation. So it says in the leading corporate
law text, approved by the majority of the Supreme Court of Canada in McClurg
v Canada [1990] 3 S.C.R. 1020.
Gratuitous bailments too?
I agree with Sarah Worthington that everything looks
different if you let the trust out of wherever it was put in Lipkin Gorman.
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