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Trusts Law Summary Bundle

Bundle of summaries covering all the key topics in Trusts Law: the three certainties, resulting trusts, Quistclose trusts, the rule against private purpose trusts, personal liability of trustees, the nature of the beneficiary's interest, knowing receipt, disposition of equitable interests, and cons...

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Trusts Law - The Three Certainties Summary/Problem Question Structure

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Comprehensive summary/exam notes on the topic of the three certainties in Trusts Law, specifically certainty of object and certainty of subject matter. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the four different scenarios in a certa...

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Trusts Law - Resulting Trusts Summary

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Comprehensive summary/exam notes on the topic of resulting trusts in Trusts Law. This document covers both automatic and presumed resulting trusts. For each, it sets out different views proposed by different academics and judges and includes in-depth analysis and critique that can be used to structu...

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Trusts Law - Quistclose Trusts Summary

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Comprehensive summary/exam notes on the topic of Quistclose trusts in Trusts Law. This document covers the case of Barclays Bank Ltd v Quistclose Investments Ltd itself and the question of whether the Quistclose trust can be categorised under existing categories of trust (express trust, resulting tr...

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Summary Trusts Law - The Rule Against Private Purpose Trusts

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Comprehensive summary/exam notes on the rule against trusts for private purposes in Trusts Law. This document covers the distinction between private purpose and charitable trusts, the rationale for the rule against private purpose trusts and exceptions to the rule.

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Trusts Law - Personal Liability of Trustees Summary

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Comprehensive summary/exam notes on personal liability of trustees in Trusts Law. This document covers the progression of the case law from Cocker v Quayle, to Target Holdings, AIB v Redler and beyond. It focuses on the question of whether the remedy of falsification is still available following thi...

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Summary Trusts Law - Nature of the Beneficiary's Interest

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Comprehensive summary/exam notes on the nature of the beneficiary's interest in Trusts Law. This document outlines the points in favour of and obstacles in the way of classifying the beneficiary's interest as a property/proprietary right, a persistent right (as proposed by McFarlane and Steven...

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Summary Trusts Law - Knowing Receipt

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Comprehensive summary/exam notes on the topic of knowing receipt in Trusts Law. This document covers three different explanations behind the knowing receipt claim: unjust enrichment (put forward by Lord Nicholls and Birks), wrongs (put forward by Smith and Swadling), and a constructive trustee (put ...

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Trusts Law - Dispositions of Equitable Interests Summary/Problem Question Structure

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Comprehensive summary/exam notes on dispositions of equitable interests in Trusts Law under s.53(1)(c) Law of Property Act 1925. This document sets out a structure that can be used to answer any problem question on this topic. It outlines the approach to be taken (with case law) with each possible s...

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Trusts Law - Constructive Trusts Summary

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Comprehensive summary/exam notes on the topic of constructive trusts in Trusts Law. This document outlines 6 different arguments for the imposition of a constructive trust: deterrence, consistency, proxy for the loss that principal suffered, the 'good man argument', unjust enrichment of fiduci...

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