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). There are others pieces of legislation that feed into the law surrounding formalities such as; the Variations of Trusts Act 1958, the Wills Act 1837 and the Administration of Justice Act 1982. However, owing to the constraints of essay writing this legislation will only briefly be mentioned. Secondly a historical look at the case law and the determinations of the judiciary is crucial so as to provide a flavour and framework as to the development, if any, of judicial equitable principles.......(short extract)
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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
