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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LAW317 – Express Trusts Ways to create a trust 1) Declaration – where a title holder expresses his or hers intention to hold their property on trust for another. 2) Transfer - where title is transferred to a person with instructions that it be held on trust for another. - inter vivos occurs during the life of the person (referred to as a ‘settlement’). It may be for consideration or a gift. (NB: Equitable Assignment check list). - post mortem occurs after the death of the person (in
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Doctrine of fixtures in property law The doctrine of fixtures is applied to determine if an object is a fixture.1 This common law provides that what is annexed to the land becomes part of the land‚ “quicquid plantatur solo‚ solo credit”‚ and adopts the character of real property.2 For this to transpire all circumstances surrounding the annexation to the land are examined‚ including but not limited to the degree of annexation and the purpose of annexation.3 Through this both objective and subjective
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Property A Assignment In the case of Occupiers of 51 Olivia Road‚ Berea Township and 197 Main Street Johannesburg v City of Johannesburg and Others[1]‚ the city wanted to evict people from their place of residence in Johannesburg. In the case‚ Yacoob J spoke at great lengths about the notions of meaningful engagement and reasonableness when one party is requiring an eviction order from the courts. Section 26 of the Constitution of the Republic of South Africa‚ 1996‚ talks about both meaningful
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Indemnity – s 12 1979 Act Mr S transferred some flats to Mr Chung at undervalue. Owners who are unable to pay their creditors – unjust for them to do so. Soon after the transfer Mr S was sequestrated. Trustee set about trying to recover the properties. By then there was a further transfer from Mr C to Mrs C for no value. The disposition by Mr S was voidable and since Mrs C was not a purchaser in good faith the disposition to her was voidable too. The titles were in the Land register
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What Is Law? Although “the law” may seem to be abstract and far removed from everyday life‚ it actually is a framework for much of what you do. Perhaps you get a traffic ticket or want a local store to replace a defective toaster you purchased. Perhaps you have been called for jury duty or must testify as a witness to an accident. Perhaps you want to stop a road widening project near your home‚ ponder the issues of prayer in school or abortion‚ or must see that the provisions of a will are carried
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WHAT IS LAW? 20 MAY 2013 What is Law? Three simple letters. A word which very short. But still the whole world failed to find a universally accpetable definition for this word. Through out my life I have heard this short word several times. Around 8 years ago our nation welcomed a system of government called “Democracy.” With this “DEMOCRACY” everyone started talking about the freedom‚ freedom of expression‚ right to inform‚ human rights and many more. I was a little boy at that time who
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gametes can actually be considered as property‚ as well as the obvious moral and ethical issues with completing such a radical procedure. Furthermore‚ there are those that concern the rights of the child‚ as well as the danger of commercialisation. This essay will explore each of the policy issues raised in Re Edwards and the concerns for the broader community spectrum as a whole. Technology‚ indeterminacy and the need for law reform In the Concept of Law‚ H.L.A. Hart dictates his theories of
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American Economic Association An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives‚ Vol. 5‚ No. 1 (Winter‚ 1991)‚ pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use‚ available at . http://www.jstor.org/page/info/about/policies/terms
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Law‚ The Multifaced Phenomenon What is law? This is one of those questions that is impossible to give one definite answer to since law is a multifaced phenomenon. Law is an extremely complex subject that could mean different things to various people. There is no single definition that could fit to everyone’s mindset. I believe that law‚ this multifaced phenomenon is everywhere and shows its dissimilar sides to all of us. It surrounds us in every aspect of our lives. Law is there when you drive
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