Bethjscott5713

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 forward by Lord Sumption in Williams v Central Bank of Nigeria and Chambers amongst others). The arguments outlined for and against each of these views can be used to structure an essay on this topic.

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.

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 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.

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 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 question of breach of duty in Tort Law. This document covers various relevant considerations that can be taken into account (the gravity of the potential harm, cost of precautions and the utility of the defendant's conduct), and the relevance of other circumstances such as lack of skill and experience, age, and professional standards.

Comprehensive summary/exam notes on the topic of causation in Tort Law. This document outlines the 'but for' test, the test for material contribution to injury, the test for material contribution to risk, failure to warn test, rules regarding recovery for loss of chance and rules regarding a break in the chain of causation.

Comprehensive summary/exam notes on the topic of defective premises in Tort Law, under both the Defective Premises Act 1972 and the Building Safety Act 2022. This document sets out a structure that can be used to answer any problem question on this topic. It sets out in detail 4 different claims: a claim under s.1 Defective Premises Act 1972, a claim under s.2A Defective Premises Act 1972 (introduced by s.134 Building Safety Act 2022), a claim under s.148 Building Safety Act 2022, and a claim in...