Book Description

Excerpt from The Law Quarterly Review, 1896, Vol. 12 Gifts to persons where a confidential relation exists are another instance of wholesale severity on the part of our law - a severity growing out of the a1m08t invincible jealousy, ' as Lord Eldon describes it, with which the law regards such gifts. The policy of the law apart, a gift by a grateful cestui que trust to his trustee is not only legitimate but laudable - why indeed is there not more of such gratitude going 'l - or a gift by a client to his solicitor who has seen him safely through the horrors of litigation or the worries of a family' quarrel. In nine cases out of ten no advantage is taken of the relation, no confidence abused. But honest men must suffer for the possible misdeeds of knaves, and however innocent the gift by a client to his solicitor may be the law disallows it, unless the client donor has had independent legal advice. If there is a hardship, the law confesses and avoids it by the simple but astounding paradox that everybody knows the law. Nobody does know it, not judges, nor barristers, nor solicitors, much less doctors and guardians and trustees and such like; but the theory covers a social necessity. The true reason of the rule is that if the law were relaxed, fraud in these confidential relationships would multiply most undesirably. Hence the inevitable decision of the Court of Appeal in Liles v. Term, '9 5, 2 Ch. 679. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.