Equity and trusts lecture notes

The origin and nature of equity and its relationship with the common law what is equity. Remedies for breach of trust and fiduciary duties 8. Equity and trusts lecture summary studentvip notes. Course notes equity and trusts download ebook pdf, epub. 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. Summary revision notes on the entire course studocu. On studocu you find all the study guides, past exams and lecture notes for this module. It has been suggested that they originate from knights who went on crusades in the 12th century. I am studying equity and trusts this year including these issues. They also look at the duties, responsibilities and rights of the personnel involved in a trust relationship.

Free equity and trusts law books download ebooks online. Trusts law notes, cases, and past papers digestible notes. It was held that the trustees should have ignored the settlor and obeyed the trust. We also stock notes on trusts and equity as well as law notes generally. Equity and trusts lecture notes semester 12 trust law english. A comprehensive summary of the equity and trusts course notes cover.

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. They can arise irrespective of the intention of the parties. Equity lecture notes before 1066 all laws were local and enforced in the manorial. Ford and lee, principles of the law of trusts 3rd ed. This, as you will recall from your revision in equity and trusts, is a reference to secret trusts. So, if the trust for the associations purposes is a charitable trust. Equity and trusts lecture notes semester 12 free download as pdf file. There is a large equity problem worth a total of 30 marks 2. Pdf equity and trusts lecturer series in uganda, by mr. By using this site, you agree to our cookies policy. Revision note on the powers and duties of trustees.

Extensive lecture notes from the lectures equity and trust. 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. 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. But it is possible to bring them about by creating a situation in which they arise. We use cookies to enhance your experience on our website. In re lockers settlement trusts 1978, there was a discretion in the trust to distribute income annually. Mulalira faisal umar, lecturer school of law kampala international univeristy uganda. But there are common circumstances in which constructive trusts. There are no welldefined circumstances in which a court will determine a constructive trust. Basic concepts of equity and trust notes and revision materials.

As a gift voluntary differences in equity a transfer of property can be complete in equity. There is no truly satisfactory explanation of the resulting trust in the law of england. Mary is a equity and trust lecturer at the university of sussex. 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. The trust appeared not to be enforceable as it was not evidenced in writing. Before 1066 all laws were local and enforced in the manorial, shire and.

Under the normans, royal courts began to emerge from the kings. Extensive lecture notes from the lectures equity and trust law 20. Ii a history of equity a introduction understanding the history of equity is an important guide to analysing its application in case law. This was perceived as a very difficult assignment, in. History illustrates the values that shape equity s application and future development. It is actually a system of law and it runs alongside the common law. Assessment task an assignment regarding the spreading of religion with regard to equity law. Does anyone have their equity and trusts law notes. Trusts an arrangement whereby a person trustee holds property as its nominal owner for the good of one or. Equity and trusts lecturer series in uganda, by mr. Law of trust lecture notes, lectures 1 10 laws 3084.

Trusts and equity lecture notes lecture notes, lectures 1 10. Trusts an arrangement whereby a person trustee holds property as its nominal owner for the good of one or more beneficiaries. The settlor of the trust, regardless of this discretion, gave instructions not to make distributions for 3 years. It has 188 pages altogether and includes a comprehensive allyouneedtoknow notes and information for the entire year. A concept of fairness a latin reference to balance but in a. 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. The separate body of law, developed in the court of chancery, which supplements, corrects, and controls. An overview of trusts and equity law including free notes, case summaries, and helpful past papers and questions.

Equity and trusts lecture notes equity 1 lw3370 studocu. Surplus funds are applied in accordance with the law of trusts. Heydon and leeming, jacobs law of trusts in australia 7th ed, lexis nexis, 2006. A constructive trust is a trust implied by law, when the circumstances are such that the conscience of the legal owner should be engaged. 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. 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. He trades as hill farm ltd, a company with a share issue of shares that are all owned by melvyn. Express trusts are created deliberately by the settler and, as a general rule, may be created by deed, will, writing or orally. Lecture notes week 4 dispositions in equity continued intro lecture summary of week 3 assignments of property can be done in two ways. Henry barnes depleted the trust funds and was declared bankrupt on 8 feb 1859. 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. From when principles of equity and law of trusts were offered as two different subjects.

Equity created new rights by recognising trusts and giving beneficiaries. Perfectly condensed using textbooks, lectures, lecture notes and past exam papers. Our notes look at the institution of the trust, its formation and constitution. 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. Resulting trusts arise in two sets of circumstances, in which they act to restore the trust property to its settlor. Trusts and equity lecture notes lecture notes, lectures. At their heart trusts are simply a way of more than one person owning property. So on the associations dissolution, any trust for its purposes will fail. The overwhelming majority of trusts are expressly created. This may be, for example, where money is paid by mistake. Where there is a trust, the legal title holder must apply the property for the. Lecture notes week 4 dispositions in equity continued. These did not take over the jurisdiction of the local. The court when faced with these situations intends to avoid allowing.