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Summary The three certainties with academic commentary LAW211 $13.58
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  5. Equity And Trusts (LAW211)

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Summary The three certainties with academic commentary LAW211
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  • Course
  • Equity And Trusts (LAW211)
  • Institution
  • The University Of Liverpool (UoL)

First class notes for the three certainties with academic commentary. Covers key case judgments and notable academic debate - highlighting judicial dissent, uncertainties, ambiguities, etc. The structure flows by breaking down each concept first so that the content is easily digestible.

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Document information

  • July 30, 2024
  • 33
  • 2023/2024
  • Summary

Subjects

  • three certainties
  • 3 certainties
  • mcphail v doulton
  • re baden
  • academic commentary

Written for

  • The University of Liverpool (UoL)
  • Unknown
  • Equity And Trusts (LAW211)
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The three certainties are today commonly referred as certainty of intention, certainty of subject matter and
certainty of objects, and they were first explored by Lord Langdale in Knight v Knight (1840) 3 Beav
148.


The three certainties are the essential elements of the express trust that must be defined with sufficient
certainty to enable the trustee or donee of the power, or by default the court, to carry out their duties.
Without such certainty, the trust instrument will be held to be void.


When presented with a problem question, establish from the outset that you will be testing the presented
facts against the three certainties. Also highlight to the examiner that the advice provided should be
considered preliminary in nature. This is because absence of access to the surrounding circumstances
hinders one’s ability to offer a definitive piece of advice as to whether a trust has been expressly created
via the three certainties.

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