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‹Better GutenbergJurisprudence§ 171 — Innominate Obligations · 187 of 241Contents›

Jurisprudence

by John W. Salmond

187 of 241 · Contents · Download EPUB

§ 171 Innominate Obligations

The foregoing classification of obligations as either contractual, delictal, or quasi-contractual, is not exhaustive, for it is based on no logical scheme of division, but proceeds by simple enumeration only. Consequently, it is necessary to recognise a final and residuary class which we may term innominate, as having no comprehensive and distinctive title.475 Included in this class are the obligations of trustees towards their beneficiaries, a species, indeed, which would be sufficiently important and distinct to be classed separately as co-ordinate with the others which have been named, were it not for the fact that trusts are more appropriately treated in another branch of the law, namely in that of property.

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