Lecture notes
Law notes: Lecture on Equity and Trusts
- Module
- Equity And Trust
- Institution
- City University (City)
Law notes: Lecture on Equity and Trusts
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Purpose trustsDifferent to express trusts, purpose trusts don’t intend distribution of the e.g. monument.it
is about the purpose not the distribution. However, it is a type of express trust.
Concept principle cases evaluation: the beneficiary principle; its important that there are
beneficiaries.
Equity does not like purpose trusts,
Charitable; allowed charities for its purposes, they are an exception a purpose allowed
without beneficiary.
Charitable cases:
Dingle v Turner 1972 A.C.601-“paying pensionto poor employees of Dingle and Co
Ltd” Oppenheim v Tobacco Securities Trust Co. (1951)
A.C. 297- “for providing for the education of children of employees or former
employees of the British American Tobacoo Co. Ltd” (110,000 employees)
Traditional beneficiary principle:
Morice v Bishop of Durhum 1804
You can have a trust or a gift in relation to charitable trust
Cases:
Re Astor’s settlement Trusts 1952
Re Shaw 1957
Re Endacott 1960
Re Osoba 1979
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