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 emerged by Lord Langdale’s judgement in Knight v knight , there is a requirement of three certainties: certainty of intention, certainty of subject matter and objects. This case is concerned with the certainty of subject matter. The legal principle Hunter tried to resolve was whether the trust property which constitutes part of a larger identical whole must be segregated or not. Hunter’s decision gave rise to some problematic circumstances and it has been criticised by many academics. Before analysing the case it is crucial to outline and underline the state of law prior to Hunter and how this issue was raised throughout the years. The p......(short extract)
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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