Book

Cover Essential Cases: Equity & Trusts
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Book

Cover Essential Cases: Equity & Trusts
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.

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18. Equitable remedies  

set down by Smith LJ was fulfilled. Essentials Even where a defendant is able to prove that the injury he has caused or, in some cases, intends to cause the claimant is not

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6. The disposal of property on death  

property to each other. Although most mutual will cases involve the spouses leaving property to each other, this is not essential for there to be a binding contract and a valid mutual

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14. Breach of trust  

that neglect. Essentials Trustees must preserve and protect the trust fund. 14.1 The trustees’ duty of care 14.1.1 The standard of care Case law had decided that

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9. Charitable trusts  

benefit in the second sense in the case of relief of poverty, it is not necessary to demonstrate it in the case of prevention of poverty. Essentials Under the poverty head, public

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4. The formality requirements and incompletely constituted trusts  

really intend to declare trusts? These cases could be accused of blurring the distinction between a gift and a declaration of trust. Essentials ■ Analysing the transaction

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10. The duties of trustees: with special reference to investment  

a trustee Essentials Professional trustees owe a higher duty of care. The basic duty of care was developed in the nineteenth century in cases such as the following

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17. Trusts of the family home  

consider ‘the whole course of dealing’. In single name cases, there are two distinct stages. Essentials In joint names cases, there is only one issue—quantification, the size of

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8. Unincorporated associations and the beneficiary principle  

ended. The Cunnack case is also interesting because the judges seem to have regarded it as a contractual matter rather than a resulting trust. Essentials If the property

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5. Proprietary estoppel  

could be renewed. HELD: It was not essential for all five probanda to be established. Oliver J at 151–2: Furthermore the more recent cases indicate, in my judgment, that the

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3. Trusts and powers and the three certainties  

shewing that they have considered the circumstances of the case, and have come to their conclusion accordingly. Essentials Under a discretionary trust, the trustees must consider

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15. Constructive trusts and fiduciary duty  

unclear whether Reid only applied to bribery cases or to all cases where a fiduciary made a secret profit. As it was a Privy Council case, from New Zealand, it was not a binding precedent

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16. Tracing  

Clayton’s Case (1816) 1 Mer 572 (see section 16.3.6 The first in, first out rule: the rule in Clayton’s Case 16.3.6 ‘The first in, first out rule: the rule in Clayton’s Case ’.)

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10. Alternative Succession  

that the gift of the passbooks constituted a donatio mortis causa in each case since they were essential evidence of title without which money could not be withdrawn from the accounts

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7. Resulting trusts  

commercial cases, where it is not just a couple buying a home for themselves, but more a business proposition, e.g. Laskar v Laskar [2008] 1 WLR 2695. Essentials The resulting

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12. The appointment of trustees  

ies. Essentials Section 36 states who can appoint new trustees. The court will not normally interfere with the choices made. It is only in extreme cases that the court

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2. The different types of trust  

claimed that there was a constructive trust. Essentials The House of Lords did not overrule the constructive trust cases based solely on ‘good conscience’, but did not wish

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9. Informal Arrangements Relating to Land  

Paul S Davies and Graham Virgo

just such a case as envisaged by Lord Walker and Lady Hale in their second exception. 71 It is essential, in my judgment, to bear in mind that, in deciding in such a case what shares

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20. Equitable Orders  

Paul S Davies and Graham Virgo

This is an essential ingredient, and it has to be established to the criminal standard of proof.’ The restrictive approach shown by the House of Lords in this case is clearly