Just like any other contractual right, real estate property rights can also be assigned. But, there are special duties and liabilities attaching to transfers of the right to possess property.  The assignor transfers with an assignment the complete remainder of the interest (in the contract or property) to the assignee. There should not be any sort of reversionary interest retained by the assignor in the right to possess. The

Under a contract, the assignment of rights is the complete transfer of the rights to receive the benefits available to one of the parties to that contract. Say, party X makes a contract with Party Y to sell his bicycle to him for $100. Party X can later assign the benefits of the contract or the right to be paid $100 to party Z. Here, party X is the assignor/obligee, party Y is an obligor, and party Z is the assignee. This assignment

Known as “the price of a promise” and a controversial requirement for contracts under common law, consideration  is required under most common-law and civil law systems, while some commentators consider it unnecessary. In their opinion, the requirement of intent by both parties to create legal relations by both parties does so under contract, regardless if consideration is present or not. Why both exist in

According to law, a contract is a legally recognized agreement enforceable in court and/or by binding arbitration. In other words, it is a deal comprised of promises with a solution for resolving any breach. If an offer capable of immediate acceptance is reciprocated with an exactly similar acceptance, it is generally agreed that an agreement has been reached. It follows from the above that the sides (could be more

Pre-trial applications are becoming more and more important by the day and can last far longer than the trial itself. In pre-trial applications, counsel set the parameters of the trial and deal with some of the most hotly contested issues in the case, thus determining matters ranging from when, and if at all, the trial will proceed to the nature of the evidence to be heard.  A key part of any trial strategy, the motions intended

Identity fraud is inseparable from identity theft because without the second the first can not be perpetrated. Generally, the purpose of it is illegal financial gain, while terrorists and criminal groups do so to divert the attention of law enforcement authorities from the true perpetrators of crimes. Like a blessing gone awry, Internet and modern technology (without which life is seemingly impossible) come to the

According to industry estimates, losses from mortgage fraud in Canada range into the hundreds of millions of dollars annually. Some criminal groups are each responsible for losses, primarily to financial institutions, of tens of millions of dollars. Mortgage fraud can leave victims with inflated property values, higher property taxes, an inability to sell their homes, and/or damaged credit histories.

Describing real estate fraud means visiting a dark place where suspicious characters roam around, unlawful acts are committed brazenly, and you do not know who you are: because your identity has been stolen. Rhetoric apart, real estate fraud consists of a broad group of fraudsters which the industry faces much to its peril. Among its different types, title fraud is the most prominent as it often hurts individual

The territorial effectiveness of all subpoenas, excepting those issued by a justice, is throughout Canada. The latter is valid only in the province in which it is issued.Enforcement  due to failure A witness under subpoena is required to attend the court at a specified time and to stay there until proceedings are concluded or they are

To qualify as a witness at a criminal proceeding, a person is to be competent to testify.  Nobody can be forced to testify by the Crown or the defence unless the person in question is also compellable. Any person with relevant and material evidence to give can be called as a witness in a criminal proceeding, but for the following exceptions: