Equity and Trusts
Has to be Oscola referencing
Equity and Trusts Coursework Question:
“The general rule is that, once the three certainties are present and legal title to the trust property is vested in the trustee, there is nothing more demanded of the settlor. By way of exceptions to this rule, however, Parliament has decreed that certain types of disposition require additional formalities before they can become effective.”
Michael Haley and Lara McMurty, Equity & Trusts, Sweet and Maxwell, 4th edition at page 121
Using case law and academic comment to illustrate your answer:
1.Critically consider and analyse the rationale and function of formalities in relation to a lifetime (inter vivos) express private trust and the disposition of an equitable interest
2. Critically consider the relationship between formalities and the maxim that equity will not permit a statute to be used as instrument of fraud.
3. Determine to what extent the formality requirements reflect electronic media and the digital age?
The coursework will contribute 50% towards the total mark awarded for the module.
1. This aspect of formalities covered by this question has been examined to a greater or lesser degree by most standard Trusts textbooks many of which are available in the library and it may be useful to commence your research by referring to some of these texts for a general understanding of the relevant legal principles/issues and some insight into the key issues that have arisen from the operation of these principles.
2. There are also a number of articles which are relevant to the issues raised by the question. Such articles include (but are not limited to):
Battersby G Formalities for the Dispositions of Equitable Interests under a Trust (1979) Conv 175
Youdan T Formalities for Trusts of Land and the Doctrine in Rouchefoucald v Boustead (1984) 43 CLJ 306
Clarke PJ Mr vandervell again  Conv 405
Green, B. Grey Oughtred and Vandervell – A contextual Reappraiasal (1984) 47 MLR 385
Fuller L ‘Consideration and form’ (1941) 41 Columbia LR 799
Feltham J  Conv 246
Harris JW The case of the Slippery Equity (1985) 38 MLR 557
Nolan RC Vandervell v IRC A case of overreaching  CLJ 169
Law Commission’s 2001 report, Electronic Commerce: formal requirements in commercial transactions
All these articles are available electronically either through the HEINONLINE database or the WESTLAW database. Both databases can be accessed using your Athens accounts.
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