Unit 3

Question 1

Morice v Bishop of Durham

Answer 1

Must be someone who the court can decree performance

Question 2

Re Astor

Answer 2

Void for good understanding, sympathy and co-operation by nations.

Question 3

Re Dean

Answer 3

Trust to pay £750 each year for 50 years to look after testators horse and hounds.

Question 4

Pettingal v Pettingal

Answer 4

Upkeep of testators horse a valid trust

Question 5

Misery v Bingle

Answer 5

A bequest of £300 for for the erection of a monument to the testators wife’s first husband (held) and a further £200 for its upkeep (void)

Question 6

Re Denley

Answer 6

Must directly/indirectly benefit a group of people

Question 7

Re Recher

Answer 7

Contract holding theory- members may not take a share out as they please and must adhere to the rules.

Question 8

Re Lipinski

Answer 8

May not need to follow the purpose given.

Question 9

Re Grant

Answer 9

Rule of alienability not applied as the party the gift was given to did not have control of the money.

Question 10

Quistclose v Barclays Bank

Answer 10

2 trusts

Question 11

Re EVTR

Answer 11

Quistclose trusts can attach to a refund.

Question 12

Twinsectra v Yardley

Answer 12

Only 1 trust in a Quistclose. Looks at whether the money must be used for a certain purpose or not.