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Equity & Trust Law

Question: A case study of Hunter v Moss [1994] 1 WLR 452 (CA). Mark 72%

Answer: This is a case study of Hunter v Moss , which has been subject to heavy academic criticism . In order to have a valid trust in law as it has been...


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Details: - Mark: 72% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2663 | References: Yes | Date written: November, 2016 | Date submitted: March 29, 2017 | Coursework ID: 1012

Question: “The law of formalities is really a series of ad hoc responses to problems raised by revenue considerations. There is simply no real sense of a judicial development of equitable principles.”

Do you agree with this statement?

Answer: In order to provide a reasoned response to the above statement it is important to firstly examine the principal statute surrounding formalities, namely the Law of Property Act 1925 (the 1925 Act)....


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Details: - Mark: 70% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 3150 | References: Yes | Date written: January, 2006 | Date submitted: April 05, 2011 | Coursework ID: 662

Question: Geraldine has executed a trust deed in respect of part of her large fortune. She also made a Will six months before she died........Advise the potential beneficiaries in relation to the distribution of Geraldine's Estate, setting out the equitable principles and supporting your advice with authorities.

Answer: For me to advise the potential beneficiaries in relation to Geraldine’s estate, I will have to look at the equitable principles and supporting authorities. “A trust arises where ownership of property is...


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Details: - Mark: 70% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2982 | References: Yes | Date written: Not available | Date submitted: October 15, 2008 | Coursework ID: 97

Question: "Immunity from pre-existing equitable rights was thus guaranteed only in the case of the purchaser of a legal estate whose conscience was wholly unaffected. Such a purchaser was sometimes known simply as 'Equity's Darling' – one who has found favour in the eyes of equity"
Kevin Gray (Elements of Land Law)

Assess the accuracy of the above statement.

Answer: Since the establishment of a court of conscience in Chancery during the late 19th century the distinction between legal and equitable proprietary interests are as follows. Legal interests are considered binding on...


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Details: - Mark: 68% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 1705 | References: Yes | Date written: September, 2010 | Date submitted: April 30, 2011 | Coursework ID: 683

Question: Consider the special significance of fiduciary conflicts rules to law firms, taking account of recent cases in this area.

Answer: Firms of solicitors hold a close fiduciary relationship with their clients and are thus expected to abide to certain principles. This piece will focus on two kinds of fiduciary conflicts that can...


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Details: - Mark: 68% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 4998 | References: Yes | Date written: November, 2007 | Date submitted: April 20, 2009 | Coursework ID: 493

Question: EQUITY AND TRUST SCENARIO. Advise the potential beneficiaries in relation to the distribution of Geraldines Estate, setting out the equitable principles and supporting your advice with authorities.

Answer: For me to advise the potential beneficiaries in relation to Geraldine’s estate, I will have to look at the equitable principles and supporting authorities. “A trust arises where ownership of property is...


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Details: - Mark: 68% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2982 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 47

Question: “A fiduciary owes a duty of exclusive loyalty to his principal. This duty of loyalty applies to prevent the fiduciary abusing his position. It operates to deter fiduciaries from acting in breach and to provide restitution for the principal if the breach is committed. Where the fiduciary is a trustee the potential for abuse of position arises because the trustee may use his powers of management over the trust property for his own benefit rather in the best interest of the beneficiaries.”
Millet LJ, Bristol and West Building Society v Mothew [1998] Ch 1

Discuss this statement with reference to relevant case law and secondary sources. How have the courts applied the exclusive loyalty rule to the position of trustees? Do you think it is too strict?

Answer: In Mothew the prominent factor in the relationship between the fiduciary and principal is “Loyalty,” Millet LJ stated that the Fiduciary must act in “good faith,” and “he must not make a...


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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 1613 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 958

Question: A practice assignment on the three certainties.
Scenario text not included.
GDL FULL TIME

Answer: Cheryl has left a will with which she has appointed Simon and Louis to be her executors and trustees, thus making them legal owners of her estate to manage according to her...


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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 1426 | References: No | Date written: November, 2011 | Date submitted: December 04, 2011 | Coursework ID: 704

Question: ‘It is time for the Charity Commission to be given a legislative definition of ‘charitable trust’ with which to work. The current definition provides for anomalies and unfairness within the law.’ Discuss.

Answer: The Charity Commission and the judiciary determine charitable status. The Charity Commission is a public body appointed by the Government. It exercises some judicial functions in ruling whether to designate charitable status...


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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2163 | References: Yes | Date written: Not available | Date submitted: October 15, 2008 | Coursework ID: 96

Question: “The present loose framework for the definition of charity enables the courts and the Charity Commissioners to develop the law in a way which is sensitive to the changing needs of society. The introduction of a statutory definition might put at risk the flexibility of the present law, which is perhaps its greatest strength.” Assess the accuracy of this claim.

Answer: English law has, for a long time relied upon a judicial understanding of what charity is by looking at which activities previous judges have accepted as meriting the description of charitable and...


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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 3588 | References: Yes | Date written: April, 2004 | Date submitted: October 13, 2008 | Coursework ID: 33


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