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 beneficial interests? c) Certainty of objects – Who are the beneficiaries of the trust? (charitable trusts do not need to satisfy this requirement) * Why are these requirements necessary
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Trust The Three Certainties An express trust will not take effect unless the three certainties are present .These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter .It is therefore important to prove all three elements in the given scenario to prove that a trust exists .If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ‚takes the property as an absolute gift .If the words are imperative
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F3:2.1: CERTAINTY OF OBJECTS & DISCRETIONARY TRUSTS 1. Introduction: The Purpose of the Certainty of Objects Requirement - For a Trust to exist‚ A must: (i) hold a specific claim-right or power; and (ii) be under a duty to B not to use that claim-right or power for A’s own benefit (unless and to the extent that A is also a beneficiary of the Trust). In other words‚ for a Trust to exist‚ A must be under the core Trust duty. The certainty requirements for a Trust simply reflect the fact that A must
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Topic 1- Mathematics and Certainty Having said something about the nature of formal systems‚ we must now look in more detail at the nature of mathematical certainty. To do this‚ let us begin by making two distinctions. The first concerns the nature of propositions. An analytic proposition is one that is true by definition. A synthetic proposition is any proposition that is not analytic. So we can say that every proposition is either analytic or synthetic. The second distinction concerns how we
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we can do‚ since certainty comes through our minds and easily exits leaving us in doubt about what could have been. On the other hand‚ certainty gives confidence to people who become so overwhelmed with doubt. Certainty is what allows us to have more confidence to accomplish anything that other people may believe is the impossible. More than likely there have been many cases in history‚ politics‚ sports‚ and entertainment that have caused people to show either doubt or certainty. In history‚ the
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necessary to delineate the boundaries of its definition. It is in this context that I will discuss knowledge in the sense that implies certainty as the level of confidence I hold in its ability to reflect reality. Hereafter I will defend the notion that certain knowledge is impossible‚ as delineated by the theory of skepticism‚ and conclude by asserting that certainty is an unnecessary quality of knowledge in non-philosophical use. Let’s begin by examining the skeptic’s argument. Someone who holds
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William Lyon Phelps stated an absolute certainty will make anything possible‚ but Bertrand Russell believed that our opinions should always have some sort of doubt. This conflict between optimism and doubt is most importantly meant to be kept balanced. This balance of doubt and optimism can be seen in the real world in many ways such as in sports or school. When Phelps said that we need to have an “absolute sense of certainty‚” he meant a setting your mind to it mentality. If you can imagine it
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Between Certainty & Doubt Phelps’ view that “certainty” enables one to “accomplish virtually anything” seems in conflict with Russell’s belief that opinions should be measured with “some sense of doubt”. Upon closer examination what is best when making life decisions is a matter of perspective. When weighing certainty versus doubt in the construct of important choices‚ it is irrefutable that they are different sides of the same coin; without one there cannot be the other. Absolute certainty comes
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How Is Certainty Possible? Certainty is defined as being free of doubt. In philosophy is there such a thing that we know without any doubt? Do we know anything with absolute certainty? Although we may believe to have genuine knowledge in some cases‚ there are other cases in which we do not know‚ but only think we know. Now therein lies the problem‚ how do we distinguish what is absolutely certain and what is not? This is why the idea of knowledge and certainty is so important. Both empiricists
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Certainty and doubt co-exist. The is no doubt without certainty (vice versa). The growth of the idea may be swayed by evidence (verbal‚ visible‚ or experience). Verbal evidence is not always credible and relies on the character of the person speaking; however‚ the speaker may conceal or twist the truth around to arrive at a logical point of view‚ therefore any person may believe the persons point. Lawyers‚ magicians‚ and politicians use pieces of the truth to direct certainty or doubt about their
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