• Hunter V Moss Criticisms
    Certainty of subject matter and the critcisms of hunter v moss When creating an express trust knight and knight articulated that there must be certainty of subject matter, certainty of intention and certainty of objects. Certainty of subject matter is where there must be an identification of the trust...
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  • Equity at Its Present
    tangible and intangible property. In a number of cases this approach has been applied in the same way for intangible property with MacJordan Construction v Brookmount being the leading example. Here, a claim arose as to a trust over a bank account. A building contract provided that the employer would retain...
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  • equity n trust
    must fulfil some requirements. One of the requirements for an effective express private trust is certainty. As outlined in Wright v. Atkyns (1823) Turn. & R. 143 and Knight v Knight (1840) 49 ER 58 a trust must be sufficiently certain to be valid. This means that for a fixed trust to be effective there...
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  • The Three Certainties
    The Three Certainties * Knight v. Knight (1840); + Lord Langdale - To be valid as a trust there must be: a) Certainty of intention to create a trust – Is a trust intended as a q. of fact? b) Certainty of subject-matter – What property is to be subject to the trust and what are the...
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  • Equity and Trusts - Gifts
    University Press, 2012), 77-92; or Wilson, Todd and Wilson’s Textbook on Trusts (10th ed. Oxford University Press, 2011), 53-72 AND Harrison v Gibson [2006] 1 All ER 858 Supplementary Reading Todd and Watt Cases and Materials on Equity and Trusts (8th ed., 2011) Ch. 3 S. Worthington...
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  • Mkmlllkljj/L
    James R. Jester Thomas W. Kelly Joseph O. Koch Andrew L. Lasater William P. Laseter Albert E. Martin Leonard E. Matthews William W. McMullin Joe E. Moss Joy E. Mouser Densil L. Murphy Richard Douglas Murphy Lloyd K. Olson Ethel D. Owens Kenneth Morris Payne Buster Perry William L. Phillips John E Pryor...
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  • Hunter V Moss
    HUNTER v MOSS- Dillon LJ I pass then to the second point of uncertainty. It is well established that for the creation of a trust there must be the three certainties referred to by Lord Langdale in Knight v. Knight (1840) 3 Beav. 148 . One of those is, of course, that there must be certainty of subject...
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  • Equity and Trust Coursework
    required for a legally enforceable trust have been well observed in this trust instrument. My client wishes to invoke the rule established in Saunder v Vautier and have the legal title of the trust property transferred to him. My submissions are supported as follows: We must consider if the will...
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  • Birds
    used to describe the nervous behaviour of Howard Medhurst, a British birdwatcher. Prior terms for those who chased rarities were pot-hunter, tally-hunter, or tick-hunter. The main goal of twitching is often to accumulate species on one's lists. Some birders engage in competition to accumulate the longest...
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  • ethics in early childhood research
    them however I can use the Mosaic approach to listen to the child’s voice and it allows me to respect the child’s view in an empowering way (Clark and Moss, 2001). The mosaic approach allows me collate material by using different methods such as observations, listening and communicating with the children...
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  • Secret Trust
    therefore necessary to look at the language intention and the law in this scenario . The words I would Like can amount certainty of words .The case of Lambe v Earnes (1871)held that precatory words in a gift and did not mean that the doner intended the donee to hold the property for trust .This has been enforced...
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  • Construction Contract
    the magnitude of the failure. Magnuson-Moss Warranty Act The Magnuson-Moss Warranty Act71 is a federal law which gives consumers statutory remedies for breach of a manufacturer’s or vendor’s warranty of a consumer product. Somewhat like the UCC, the Magnuson-Moss Warranty Act may apply to construction...
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  • Plant Hormone
    Recovery after Photobleaching), stimulated emission spectroscopy. Laser applications in Medical Physics and Bio-Engineering Optical Monitoring: Unit V Amperometric sensors; Potentiometric sensors, including chemically sensitive field effect transistors; Optical sensors, including...
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  • Dematerialisation
    in short, is one of the identity of property. In relation to property which is dematerialised traditional property law rules – as exemplified by Hunter v Moss (1994) and Re Goldcorp (1995), and discussed in AS Hudson, Equity & Trusts, para 3.4.3 – have difficulty with understanding how one could assert...
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  • Chanel's Exhibition Compared to Vermibus
    to his subject, namely the model Kate Moss. Vermibus argues that he uses Moss’s image ‘…because she has been the flagship of fashion for the last 20 years’ (Lamono, 2012) and is therefore an easily recognizable icon of modern fashion and consumer society 'Kate Moss ...had to construct thousands of masks...
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  • The Great Outdoors of California
    the Wasachi and the Wukchumni centralized around the Three Rivers area. The Yokut Indians food supply was collected in many ways; they were known as hunter gatherers. They used bows and arrows to hunt gophers, rabbits, deer, quail, geese, doves, prong horn antelope, tulle elk, along with using traps to...
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  • Global Warming
    typical environment. Atmospheric levels of CO2 have been recorded and measured directly since 1957. We have data prior to 1957 from ice cores, moss cores, tree rings, and other biological evidence. (Wigley, 2000) Many people argue that global warming is a natural cycle that the Earth is in. This...
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  • Equity and Trusts
    to be an express trust it is also necessary for the 3 certainties to be satisfied. In Knight v Knight they were outlined by Lord Langdale MR and then reiterated by O’Byrne J in the decision of Chambers v Fahy as thus; “[I]t has been established that, in order that a trust may be created, the subject...
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  • Trusts
    If trust does not meet test of certainty it will fail/be void If trust to be valid must meet three certainties: (Knight v Knight) Certainty of intention Certainty of subject matter Certainty of objects/beneficiaries Fundamental principle: the trust must be capable of being controlled + enforced ...
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  • Violent Film Imitates Border Life
    real consequence of drug trafficking. Because of logistics, drug war battles are often staged on the U.S./Mexico border. The character Llewelyn Moss enters the story as a man minding his own business and represents a typical West Texas resident. He is not out looking for trouble; he is simply out...
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