CHECK THESE SAMPLES OF How a Trust Interacts with Equity
The paper "Lord Diplock's Key Contributions to equity Law" states that the debate over the fusion of equitable and common law principles originates from the early development of equity as a separate system from the common law.... Instead, the statute has rendered the distinction between law and equity, a distinction which arose out of 'an accident of history....
9 Pages
(2250 words)
Essay
The common benefits that a trust offer includes are: (i) Providing financial and personal safeguard for family and other beneficiaries, (ii) Establishing a means of controlling or administering property, taxes, (iii) Meeting other social or commercial goals, and (iv) Postponing or avoiding unnecessary.... An expression, which has been commonly used to describe the way in which equity functions is that equity ‘mitigates the rigor of the common law' so that the letter of argument not applied in such a strict way that it may cause injustice....
7 Pages
(1750 words)
Essay
When equity developed as a parallel system to the common law, it was considered innovative by acknowledging 'new' rights where common law failed to provide 'justice'.... From a historical perspective, equity developed as a result of the inflexibility of common law and 'wiped away the tears of the common law'3.... Conversely, the Court of Appeal in Agip Africa v Jackson 7 asserted that equity will however allow tracing through mixed bank accounts through the imposition of fiduciary duty and constructive trust, which lends itself to support the assertion that constructive trusts act as the conscience of equity....
9 Pages
(2250 words)
Case Study
assist trustees by enabling them to identify the whereabouts of the equitable interest subsisting under a trust.... (1) Subject to the provisions hereinafter contained with respect to the creation of interests in land by parol--…(c) a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same,.... ord Radcliffe in Grey v Inland Revenue Commissioners [1960] AC 1 did suggest that ‘there is warrant for saying that a direction to his trustee by the equitable owner of trust property prescribing new trusts of that property was a declaration of trust', but even if that were the case, his Lordship observed that the direction might nevertheless be a disposition falling within s....
14 Pages
(3500 words)
Essay
a trust is a relationship exists between two people when one person called the trustee holds property under equity, whether personal or real, and whether by equitable or legal title for the benefit of another person who is known as the beneficiary or for some benefit object.... a trust is an obligation where the property right grows from.... With trust there is the creation of equity.
... The law of trust is one of the most crucial creations of the court of Chancery, which is responsible for the administration of the law of equity....
8 Pages
(2000 words)
Essay
The paper "equity's Darling and the Law of Trusts" suggests that a defensive law of trust is a life premium that ends up on the incident of a determined occasion, for example, the liquidation of the beneficiary, or any endeavour by a single person to discard his or her advantage.... Despite all this, equity's darling is expensive in solving land disputes compared to the law of trusts.... Defensive law of trusts was created as an answer for this circumstance, unlike the equity's darling rules1....
12 Pages
(3000 words)
Essay
This paper "equity and Common Law" discusses Ashburner as of the view that equity and common law are distinct and separate and run side by side, without any mingling or fusion possible between them.... This may be supported by the fact that equity is relevant only in specific instances.... The development of equity and the law as different streams was largely due to the early development of equity as a separate system from the common law....
8 Pages
(2000 words)
Case Study
as explained by Oliver J; a trust is created after certainty is ascertained in property attachment and the beneficiary's interests.... a trust should only be created when the property is identified by the owner.... In a trust case, the legal owner's conscience requires them to carry out the implied trust.... The situation did not hinder a trust from being declared over them.... "equity and Trust Law" paper focuses on equity and justice that coincides with each other....
11 Pages
(2750 words)
Essay