Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Trusts Law Arguments by Jones Garton and Margaret Halliwell - Essay Example

Comments (0) Cite this document
In the paper “Trusts Law Arguments by Jones Garton and Margaret Halliwell” the author discusses English trusts law as a unique element of English legal system. Trusts represent an intention of a ‘settlor’ to transfer his assets to a trustee…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.9% of users find it useful
Trusts Law Arguments by Jones Garton and Margaret Halliwell
Read Text Preview

Extract of sample "Trusts Law Arguments by Jones Garton and Margaret Halliwell"

Download file to see previous pages The articles by modern authors Jones Garton and Margaret Halliwell consider this phenomenon from a modern perspective. They refer to the most well-known cases in this field: Milroy v Lord, Re Rose, Pennington v Wayne and some others. In order to define the level of trust in perfect/imperfect gifts, it is relevant to refer to additional reading from previous years and to current sources (Substantial Change in Trust Tax Law, 2006; Diamond, 2002). A complicated nature of gift is the absence of contract basis, i. e. there is no special consideration of gift transfer (Langbein, 1995; McKendrick, 1992). Moreover, if a giver fails to complete required formal stages or has no legal title, gift may fail. Courts refer to the generally accepted motto in this kind of cases: “equity will not perfect an imperfect gift” (Langbein, 1995). Consequently, there are a lot of controversies appearing in trust cases. That’s why it is relevant to discuss a balanced nature of trust. In other words there is a need to consider its theoretical basis and practical implementation. A consideration about constitution of trust is a vividly discussed issue for academics and researchers, because practical implementation of trust in trusts law is rather rare. The trusts law has some specific features, which have to be discussed in detail. The most striking issue is that transfer may occur even if all formalities were not followed. Re Rose case is well-known with this regard and there is even a name for ‘Re Rose’ principle taken after the case. In this case the settlor transferred shares in a private company on behalf of certain trusts. Nevertheless the authority of the company didn’t register transfer at once and the question which had to be solved by court was when the shares were transferred. The date of settlor’s decision to transfer the shares was acclaimed to be the relevant date of transfer. This principle was discussed in other cases as well (Cunningham, 1992, p. 63). Pennington v Wayne is another interesting case for discussion. In this case the concept of unconscionability appears and the court considers this concept to be a primary fact in the case discussion. This concept was taken for granted as a decisive point because not all formalities were followed in the process of gift transfer. Jones Garton’s article The articles by Garton and Halliwell present two points of view on property and securities transfer mechanism. It is relevant to note that both of these authors suggest interesting considerations about trusts law in England. Jones Garton combines the ideas on trust collected from additional sources and law cases. He speaks about constituent nature of trust. Operational mechanisms of trust are focused on the main claim that “equity will not infer a perfect trust from an imperfect gift” (Garton, 2003). The basic claim was taken from Milroy v Lord (1862) case, from more contemporary case Pennington v Waine (2002) 1 WLR 2075. In accordance with Garton there are different principles in the rule of the ‘last act’ which establishes constitution and its application. Garton’s work impresses readers by his considerations about the ‘workings’ of trusts in Rose’s case which are express and constructive. Therefore it is clearly seen that Garton is interested in a concept of trust in imperfect gifts. ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Trusts Law Arguments by Jones Garton and Margaret Halliwell Essay”, n.d.)
Retrieved from
(Trusts Law Arguments by Jones Garton and Margaret Halliwell Essay)
“Trusts Law Arguments by Jones Garton and Margaret Halliwell Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Trusts Law Arguments by Jones Garton and Margaret Halliwell

Consumer Protection Law in the UK

An exception to the clause is when the retailer can show: for good reasons he was not aware of the advertisement; the statement had been corrected prior to the conclusion of the sale; or the statement could not have had an influence on the consumer.4 OSL, in this case, was bound by the contract of sale which included the warranty advertisement unless OSL, in this case, Patrick the manager, could show he had no knowledge of the advertisement.5
In SOGA 1979 14(2) as to quality the court found in Rogers v Parish ( Scarborough) Ltd [1987] QB 933 found that goods must be fit for the purposes for which supplied and failure to do so leaves them unmerchantable.6 In Jim’s case, he purchased the racquet at £250, a considera...
11 Pages (2750 words) Research Paper

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages (2750 words) Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages (2500 words) Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages (2750 words) Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages (2250 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Trusts Law Arguments by Jones Garton and Margaret Halliwell for FREE!

Contact Us