Introduction 1. Equity and Trusts * Equity is a particular body of law‚ consisting of rights and remedies‚ which evolved historically through the Courts of Chancery to mitigate the severity of the common law. * The trust has been characterised as the greatest and most distinctive achievement in equity although an exact definition of the trust has proven difficult. * Equity would recognise and enforce rights and duties that were not known to the common law. * E.g. the common law protects
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Equity and Trusts Law Essays and Dissertations Law Essays UK proudly present a major breakthrough in the advancement of educational standards in the UK - the worlds first and only guaranteed 2:1 and First Standard quality personalised law essays service. Ever struggled with understanding a law essay or dissertation topic? Having difficulty with your equity essays or trusts essays? All our UK equity and trusts law essays and our equity and trusts law dissertations are custom written and are written
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School of Law LAW OF PROPERTY II EQUITY & TRUSTS Syllabus The nature of equity and the trust Express trusts o Certainty of intention‚ subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing Lecture - Course Documents 2009-10 1 Queen Mary University of London School of Law LAW OF PROPERTY
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the development of equity. This gives an overview of a selection of these maxims‚ examining them in varying amounts of detail and identifying many of the particular areas of the law which have been affected‚ and which are dealt with later in the book. These include‚ for example‚ the maxim ‘where the equities are equal the first in time prevails’‚ and its effect on priorities and conflicting interests‚ and the maxim ‘equity acts in personam’ and its effect on the operation of the law outside the jurisdiction
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at 5:01 p.m. on 4 August‚ and 20% from an assignment submitted at 5:01 p.m. on 5 August. Assignment Questions You must answer all questions of both parts. Part I - England In Modern Equity‚ 19th Ed.‚ Jill E Martin discusses two continuing controversies in connection with the history of equity. First‚ on pages 18-19‚ she writes of
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EQUITY AND TRUSTS The statute does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree." Per Lord Macnaghten in William Brandt’s & Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454‚ 461 Discuss critically the above statement with regard to the Malaysian legal position. Before receiving his title deed‚ a person may obtain a loan from a financier by assigning the rights to the property to the financier. Similarly‚ a creditor may obtain a loan from a factor
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Md Ahsanul Wadud Equty & Trust (Seminar) LLM/CPE Contents Class preparation (seminar--1) 3 Class preparation (seminar-----2) 5 Class preparation (seminar------3) 6 Class preparation (seminar--------4) 10 Seminar on Constitution of Trusts----5 11 Class preparation (seminar--------------6) 13 Class preparation (seminar--------------------7) 14 Class preparation (seminar----------8) 16 Class preparation (seminar-------------------9) 19 Class preparation (seminar---------------10) 21 Class preparation
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the common law‚ which has a set boundary of rules and regulations‚ equity does not have a concrete structure due to its complex historical background[1]. Trust‚ governed by the laws of equity‚ is a unique creation of common law and is often dealt with challenging and versatile series of events. This problem involves complex areas from topics of formalities‚ constitution of trusts‚ and covenants to settle. In this essay‚ I will fully concentrate on whether each section of the trust is enforceable
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trustees are to hold all of my shares on Trust for Zeke‚ except that for the period of 5 years after my death my Trustees are to give 1000 of my shares (or whatever lesser number my trustees think fit ) in whichever Company they shall think fit to any of my University classmates who ask for it and they in their discretion think fit. I submit to the court that my client is the sole beneficiary under a fixed trust and as such owns equitable rights in the trust property. His interest should be given
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2012/13 Law 3240 and 5760 Equity and Trusts Seminar 3 The Three Certainties: Certainty of Intention‚ Certainty of Subject Matter‚ and Introduction to Certainty of Objects Essential Reading Martin‚ Hanbury & Martin: Modern Equity (19th ed.‚ Sweet & Maxwell‚ 2012) 97-107; or Watt‚ Trusts and Equity (5th ed.‚ Oxford University Press‚ 2012)‚ 77-92; or Wilson‚ Todd and Wilson’s Textbook on Trusts (10th ed. Oxford University Press‚ 2011)‚ 53-72
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