Equity and trusts lecture notes

Perfectly condensed using textbooks, lectures, lecture notes and past exam papers. They can arise irrespective of the intention of the parties. But it is possible to bring them about by creating a situation in which they arise. An action sought a declaration that john addy had breached his duty and trust by appointing henry barnes as the sole. Free study and revision resources for law students llb degreegdl on the english legal system. But there are common circumstances in which constructive trusts. Does anyone have their equity and trusts law notes. The separate body of law, developed in the court of chancery, which supplements, corrects, and controls. By using this site, you agree to our cookies policy. Equity and trusts lecture summary studentvip notes. These did not take over the jurisdiction of the local.

The overwhelming majority of trusts are expressly created. From when principles of equity and law of trusts were offered as two different subjects. We also stock notes on trusts and equity as well as law notes generally. Resulting trusts arise in two sets of circumstances, in which they act to restore the trust property to its settlor. The settlor of the trust, regardless of this discretion, gave instructions not to make distributions for 3 years. It has been suggested that they originate from knights who went on crusades in the 12th century. There is a large equity problem worth a total of 30 marks 2. This may be, for example, where money is paid by mistake. It has 188 pages altogether and includes a comprehensive allyouneedtoknow notes and information for the entire year. Equity lecture notes before 1066 all laws were local and enforced in the manorial. At their heart trusts are simply a way of more than one person owning property. Pdf equity and trusts lecturer series in uganda, by mr. I am studying equity and trusts this year including these issues. Summary revision notes on the entire course studocu.

Lecture notes week 4 dispositions in equity continued intro lecture summary of week 3 assignments of property can be done in two ways. You must prepare in advance of seminars so that a you have consulted your lecture notes, all prescribed reading and. Because purpose trusts are aimed at the fulfilment of a particular purpose, they clearly lack an individual who owns property in equity or has a proprietary interest in that trust property i. An overview of trusts and equity law including free notes, case summaries, and helpful past papers and questions. Mary is a equity and trust lecturer at the university of sussex. Equity and trusts lecturer series in uganda, by mr. The court when faced with these situations intends to avoid allowing. Henry barnes depleted the trust funds and was declared bankrupt on 8 feb 1859. Express trusts are a device of disposition which, in land, creates a purely nominal legal title that vests in the person named by the testator as. Ii a history of equity a introduction understanding the history of equity is an important guide to analysing its application in case law.

Equity and trusts lecture notes equity 1 lw3370 studocu. Equity created new rights by recognising trusts and giving beneficiaries. There is no truly satisfactory explanation of the resulting trust in the law of england. Where the equitable breach was a breach of a fiduciary duty, then the courts of equity have jurisdiction to order the fiduciary to account to the plaintiff for the profit made as a result. It was held that the trustees should have ignored the settlor and obeyed the trust. They also look at the duties, responsibilities and rights of the personnel involved in a trust relationship. Where there has been a failure of an express trust and hence an incomplete disposition of trust property, or where there is a surplus of trust property after a trust.

The trust appeared not to be enforceable as it was not evidenced in writing. Trusts an arrangement whereby a person trustee holds property as its nominal owner for the good of one or. Where there is a trust, the legal title holder must apply the property for the. Under the normans, royal courts began to emerge from the kings. Extending the constructive trust to cover bribes and secret commissions, which are obtained by a fiduciary, is an example of the courts fulfilling their role in equity. Surplus funds are applied in accordance with the law of trusts. A constructive trust is a trust implied by law, when the circumstances are such that the conscience of the legal owner should be engaged. This was perceived as a very difficult assignment, in. Remedies for breach of trust and fiduciary duties 8. Our notes look at the institution of the trust, its formation and constitution. There are no welldefined circumstances in which a court will determine a constructive trust. So, if the trust for the associations purposes is a charitable trust.

This, as you will recall from your revision in equity and trusts, is a reference to secret trusts. We use cookies to enhance your experience on our website. These notes are the equity and trust law notes for the graduate diploma in law gdl course at city, university of london in the 201617 academic year. Extensive lecture notes from the lectures equity and trust.

As a gift voluntary differences in equity a transfer of property can be complete in equity. Trusts and equity lecture notes lecture notes, lectures 1 10. Law of trust lecture notes, lectures 1 10 laws 3084. Before 1066 all laws were local and enforced in the manorial, shire and. Heydon and leeming, jacobs law of trusts in australia 7th ed, lexis nexis, 2006. Ford and lee, principles of the law of trusts 3rd ed. Course notes equity and trusts download ebook pdf, epub.

This section contains free ebooks and guides on equity and trusts law, some of the resources in this section can be viewed online and some of them can be downloaded. Understanding equity and trusts is a sister text to alastair hudsons leading textbook equity and trusts, that gives those unfamiliar with the subject a clear, accessible, readable and. A concept of fairness a latin reference to balance but in a. The origin and nature of equity and its relationship with the common law what is equity. Lecture notes week 4 dispositions in equity continued. Trusts an arrangement whereby a person trustee holds property as its nominal owner for the good of one or more beneficiaries. Trusts law notes, cases, and past papers digestible notes. Basic concepts of equity and trust notes and revision materials. History illustrates the values that shape equity s application and future development. So on the associations dissolution, any trust for its purposes will fail. On studocu you find all the study guides, past exams and lecture notes for this module.

It is actually a system of law and it runs alongside the common law. In re lockers settlement trusts 1978, there was a discretion in the trust to distribute income annually. Free equity and trusts law books download ebooks online. Mulalira faisal umar, lecturer school of law kampala international univeristy uganda.

Equity and trusts lecture notes semester 12 free download as pdf file. A comprehensive summary of the equity and trusts course notes cover. Equity and trusts lecture notes semester 12 trust law english. Assessment task an assignment regarding the spreading of religion with regard to equity law. Express trusts are created deliberately by the settler and, as a general rule, may be created by deed, will, writing or orally. Revision note on the powers and duties of trustees. Extensive lecture notes from the lectures equity and trust law 20. Jurisprudence summary lecture notes summary lecture 110 lecture notes, topic 29 trusts summary equity and trusts in australia lecture 1 10, complete equity and trusts summary pages physiology. Studying lw3370 equity and trusts at university of leicester. He trades as hill farm ltd, a company with a share issue of shares that are all owned by melvyn.