CHECK THESE SAMPLES OF The Law of Equity and Trusts
This creates a problem since by virtue of the law of Property Act 1925, the disposition of an equitable interest in land must be evidenced in writing.... However, the courts have “reduced” the “impact” of the law of Property Act relative to the disposition of an equitable interest in land.... The legal issues involve determining whether or not the disposition of the property listed above represents valid trusts.... However, it has been held that there are exceptions to the general rule in that once a contract for the sale of property is created and signed by the relevant parties, the equity in the land automatically passes....
8 Pages
(2000 words)
Essay
equity and trusts: Breach of Trust Name: Instructor: Class: Institution: Date: A breach of trust as made clear in the case of Armitage v Nurse, may refer to a deliberate or otherwise inadvertent in addition to consisting of the act of misappropriation or misapplication of the trust property or an investment that lies outside the power of the trustee (Takashi 2004, p....
4 Pages
(1000 words)
Essay
This paper " Analysis of equity and Fraud" discusses several difficulties that arise in the disposition of secret and half trusts.... The scope for fraud is also considerably more in the case of such trusts, especially when a professional legatee benefits under the will.... In such instances, a testator may resort to secret trusts or half-secret trusts, whereby he formally and outwardly designates a legatee as the beneficiary of his estate, yet enters into a private arrangement with him for dispersal of the assets of his estate to other parties....
7 Pages
(1750 words)
Research Paper
… Equity comes into play typically when none of the parties to the dispute has done anything against the law, but their rights or claims are in conflict.... equity is the name given to the whole area of the legal system in countries following the English common law tradition that resolves disputes between persons by resort to principles of fairness and justness....
7 Pages
(1750 words)
Essay
Moreover, the conception of trust is an amalgam of several ideas that relate equity, contract, obligation, and the law of property.... This necessitates the critical analysis of theoretical bases of the formation of secret trusts, advantages of trusts over wills, differences between half secret and full secret trusts and some practically useful case studies.... The main advantages of trusts over wills would also form the theoretical basis for the formation of any trust....
7 Pages
(1750 words)
Assignment
hellip; The conclusion can, therefore, be drawn that equity and common law remedies are working together to establish natural justice for the plaintiff and that although they have different remedies for achieving that aim the end result is that the plaintiff has a greater chance of getting the award best suited to their situation.... This demonstrates the inconsistency with the application of equity in the courts.... The author critically explains an account for the equitable maxim "equity will not assist a volunteer" and an account for the differences between equitable and common law remedies....
8 Pages
(2000 words)
Term Paper
In January 2007, they decide to buy a house in the Medway towns.... Poppy pays 50,00, Maisie pays 30,000, Bill pays 25,000, Ben who is only 17 pays 20,000 and Jade pays 40,000.... The property is conveyed… Poppy offers to sell her interest in the property to Maisie but before Maisie replies to Poppy, Jade in a fit of temper kills Poppy....
9 Pages
(2250 words)
Essay
or the above reasons, whereas the current case presents quite a problematic and conflicting loyalty in the application of equity and trust and in relation to the “constitution of a valid trust”, it can be regarded as a constructive trust.... This assignment "equity and Trust" focuses on the case of Amanda and whether she has any equitable claim for the money of her late boyfriend and the case of David and whether his children are entitled to his money in the bank account after his death at the moment....
6 Pages
(1500 words)
Assignment