Trusts Law

This guide will be sufficient to get a high 2.1/1st in finals if you do only problem questions. It does not cover unincorporated associations. There are some minor summaries of academics at the end for each topic, but the document is mostly rules/case summaries in a guide form to be used step-by-step. The main headings from the contents page are in neon pink. CONTENTS: 1. The three certainties 2. Formalities 3. Constitution (Imperfect gift/volunteers) 4. Privity 5. Purpose trusts/...

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 trust) or whether it can be considered a trust at all. These arguments can be used to structure an essay on this topic.

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 structure an essay on this topic.

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 fiduciary's creditors, and the argument that it is not a trust at all but merely a remedy. The academics, case law and arguments outlined for each can be used to structure an essay on this topic.

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 this series of cases and the arguments can be used to structure an essay on this topic.

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 scenario: a direction to transfer rights absolutely, a direction to hold the rights on trust for a 3rd party, specifically enforceable contracts, a sub-trust, destruction of an automatic resulting trus...

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 certainty of object question (fixed trust, discretionary trust, fiduciary powers and a conditional gift) along with how to approach issues of curing, capriciousness and administrative unworkability. For a ...

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 Stevens), a personal right and ownership. The arguments outlined can be used to structure an essay on the topic.