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Book
Derek Whayman
Book
Derek Whayman
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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 ’.)
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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