With regard to powers1, objections on the ground of remoteness may be made either to the creation of the power or to the mode of exercise of the power.
Objections to the validity of a power in its creation may be made on the grounds that the persons to exercise the power, or the time fixed by the terms of the power for its exercise2 or for its coming into effect, or the objects of the power or the subject matter of the power, may possibly not be ascertained within the perpetuity period. Such an objection, if well founded, prevents
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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