New PDF release: Course Notes: Equity and Trusts

By Simon Barnett

ISBN-10: 0415839130

ISBN-13: 9780415839136

Course Notes is designed that can assist you achieve your legislations examinations and checks. every one consultant helps revision of an undergraduate and conversion GDL/CPE legislation measure module by means of demonstrating strong perform in growing and holding perfect notes. Course Notes will aid you in actively and successfully studying the cloth via guiding you thru the calls for of compiling the knowledge you need.

• Written through specialist academics who comprehend your wishes with exam requisites in mind

• Covers key situations, laws and ideas basically and concisely so that you can bear in mind info confidently

• Contains easy to use diagrams, definition containers and work issues  to assist you comprehend tough concepts

• presents self test opportunities all through that you can cost your understanding

• Illustrates how one can assemble the correct set of revision notes

• Covers the fundamental modules of research for undergraduate llb and conversion-to-law GDL/CPE courses.

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Extra info for Course Notes: Equity and Trusts

Sample text

This will always be a matter of fact and degree in each case. s The length of the delay is important as is the nature of acts done during the delay period. s As equity is based on fairness and unconscionability the delay and surrounding circumstances must be such as to make it unconscionable to permit the claimant to bring his claim. s The court can by analogy with the time limit for a corresponding common law claim regard the claim as time barred. s Authority is given to apply such analogy under the Limitation Act 1980 s 36: for example, claims against a fraudulent fiduciary (common law period for fraud of six years applied – see Coulthard v Disco Mix Club Ltd (2000)).

25, 192 s 69(2) .......................................................................................... 196 Trustee Act 2000 .............................................. 153, 177, 178, 183, 185 s 1 ............................................................................. 174, 181–2, 201 s 3 ................................................................................................... 20 s 3(1) ............................................................................................

S However, the donor no longer has the beneficial ownership of the funds. 2 To control property within the family Trusts also have advantages in protecting the trust funds and keeping them within the family. s Discretionary trust s Gives trustees discretion as to whom to benefit. s They can decide not to assist a ‘spendthrift’ beneficiary or a beneficiary who will use the money on gambling or alcohol. s Accumulation and maintenance trust s Allows the trustees discretion to either accumulate the income, adding it to capital or to use it to maintain the beneficiaries.

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Course Notes: Equity and Trusts by Simon Barnett


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