Final ultimate

Question 1

Professor Maitland’s thoughts on Trust

Answer 1

greatest achievement performed by an Englishmen

Question 2

John Selden, 1689 thoughts on equity

Answer 2

Selden compares this to using a Chancellor’s foot as a measurement standard — some have long feet, others short, meaning there is no fixed measure for equity.

Question 3

Modern Contributions of Equity in Exclusive Jurisdicition

Answer 3

new things that is not available anywhere else

Such as trusts and succession law

Question 4

Modern Contributions of Equity in Concurrent Jurisdiction

Answer 4

compliments common law

specific performance
rescission
rectification
injunctions

Question 5

Modern Contributions of Equity in Auxiliary Jurisdiction

Answer 5

legal procedures to assist the administration of justice

Writ of subpoena
Interrogatories

Question 6

The Statute of Quia Emptores (1290)

Answer 6

allowed land to be transferred without feudal obligations, further solidifying the concept of trusts

Question 7

Dod v Chyttenden (1502)

Answer 7

Walmsley J describe the medieval “use” - An abstract idea tied to the trustee’s consciousness

Question 8

The Statute of Uses 1535 was enacted to:

Answer 8

Prevent the avoidance of feudal dues through the use.
to abolish the use of use

Question 9

Equity’s Darling

Answer 9

refers to the bona fide purchaser for valuable consideration of legal title without notice of the trust

Question 10

Cook v Fountain (1676)

Answer 10

Lord Nottingham made turning in history of equity

Equity is based on legal principles and rules, not on moral discretion.

Question 11

List the people who support substantive fusion

Answer 11

Sir George Jessel MR (1881) - Now, there is one unified legal system where equity rules prevail in conflicts.

Lord Diplock (1977) - Ashburner’s metaphor criticized by Lord Diplock. The distinction between law and equity is misleading and no longer relevant

Lord Denning (1973) - after 100 years, both systems operating as one cohesive body of law

Question 12

List the people who support administrative fusion only

Answer 12

Ashburner’s Metaphor (1933) - The two streams of jurisdiction… run side by side and do not mingle their waters.

Lord Selbourne LC (1873) - distinctions between legal and equitable estates are necessary for trust law to function properly.

Question 13

Medforth v Blake [2000]

Answer 13

Richard Scott VC
* The distinction between common law duties and equitable duties is irrelevant in practice

Question 14

Lord Dudley v Lady Dudley [1705]

Answer 14

Equity is a moral virtue, not part of common law

It softens the harshness and rigidity of legal rules

Question 15

Earl of Oxford’s Case [1615]

Answer 15

Ellesmere LC:

General laws will inevitably fail to address unique circumstances

Question 16

Milroy v Lord (1862)

Answer 16

trust constitution

Method 1: Self-declaration of trust
Method 2: Transferring property to trustee

Question 17

Re Rose [1952]

Answer 17

Every Effort Rule

Question 18

T Choithram International SA v Pagarani [2001]

Answer 18

Self-Declaration of Trust by a Settlor

The court ruled that equity will not allow a trust to fail for want of a trustee.

Question 19

Re Cook [1948] Ch 212

Answer 19

the wife’s legal and equitable interests merged, leaving her with absolute ownership of the land

Question 20

Re Bowden [1936] Ch 71 per Bennett J.

Answer 20

Once the trust is created, the settlor (in that capacity) loses all
control or interest in the property.

Question 21

Saunders v Vautier

Answer 21

A beneficiary with an absolute interest can demand trust property before the specified period if they are competent to give a valid discharge.

Question 22

s 53(1)(b), Law of Property Act 1925

Answer 22

Creating a trust over land or an interest therein must be in writing and signed.

Question 23

s 53(1)(c), Law of Property Act 1925

Answer 23

The transfer of an existing equitable interest or trust must be in writing and signed by the person disposing of the interest

Question 24

Section 53(2) of the Law of Property Act 1925

Answer 24

the requirement for writing in Section 53(1) does not apply to the creation or operation of resulting, implied, or constructive trusts.

Question 25

s 52(1) LPA 1925

Answer 25

requires conveyances of land or any interest therein to be made by deed.