ToLATA

Question 1

5 rights / powers of trustees

Answer 1

1. All the rights of an absolute owner (S6(1)) 2. Only Ts can give a valid receipt 3. Power to convey to the Bs (S6(2)). 4. Power to divide the land (S7(1)). 5. Power to delegate to the Bs S9 (1))

Question 2

4 duties of Trustees

Answer 2

1. Hold the land subject to the express terms of the trust. 2. Have regard to the rights of the Bs (S6(5)). 3. Get the consent of the Bs where required (S8(“)). Strong duty to consult but not necc to carry out wishes S11(1)(b) “so far as is consistent with the general interest of the trust”

Question 3

Rights of the beneficiaries

Answer 3

1. Occupation (S12). 2. Right to exclude 1 or more Bs but NOT ALL (S13)

Question 4

Who can apply for a S14 order

Answer 4

B or T can apply either for a judgement re the exercise of Ts powers OR the extent of a Bs interest (like Stack)

Question 5

Where are the matters which a court may take into account

Answer 5

S15 a) intention of trust b) Purpose of trust c) welfare of minors d) interests of creditors / beneficiaries

Question 6

A case where a S15 order was to split the property in half

Answer 6

Rodway v Landy

Question 7

A case where it was held that the interests of creditors is only one factor, which was outweighed by otther factors

Answer 7

Mortgage Corp v Shaire

Question 8

A case where, on balance, the needs of creditors outweighed other considerations

Answer 8

Bank of Ireland v Bell

Question 9

A case where the whole course of dealings was considered in quantifying shares

Answer 9

Stack v Dowden

Question 10

Case where co-owner being in education was a relevant factor for consideration

Answer 10

Chun v Ho

Question 11

Case where the continuity of business was a relevant factor (the business being the purpose of the trust)

Answer 11

Bedson v Bedson

Question 12

A case where the misconduct of the party seeking sale was taken into consideration

Answer 12

Halifax v Muirhead (solicitors had fucked up)

Question 13

What factors are considered for S14 where there is an insolvency

Answer 13

Insolvency act 1996 BUT if it’s been more than a year, the creditors needs prevail unless EXCEPTIONAL

Question 14

What are exceptional circs for the purposes f bankruptcy

Answer 14

Harrington v Bennett: “outside the usual melancholy consequences of debt or improvidence”

Question 15

3 ways that implied trusts arise

Answer 15

1. Constructive (Stack - bargain element, implied by court) 2. Resulting (get out what you put in Dyer v Dyer). 3. Estoppel (promise, reliance, unconscionability - Thorner v Major)