Equity and Trusts
The three below questions need to be answered to a 1st class standard, each 1,100 words. Please ensure UK cases and academic commentary are used. Would be preferable if referencing is OSCOLA compliant.
Q1) The law in relation to the requirements for the certainty of objects for a discretionary trust has found a coherent, principled and settled answer to this issue. Do you agree with this statement? Critically explain your answer with reference to case law and academic commentary.
Q2) The purposive interpretation of S53(1)(c) of the Law of Property Act 1925 has led to some irrational and unexpected results. Do you agree with this statement? Explain your answer with reference to case law and academic commentary.
Q3) You have been asked to advise on the validity of the following arrangements all of which appear in a will.
A: A ten bedroom house belonging to the recently departed David should be boarded up for fifteen years. A single room in the house was to remain open for one day per year to allow the nephews of David to watch the FA Cup final.
B: Bart wishes to spend £250,000 to erect and to maintain a statute to celebrate his achievements in Luton tiddlywinks competitions.
C: Tracy has left £30,000 in her will for the upkeep of her pet baby elephant.
D: Ted has given £10,000 per annum to a charity named Elderly Care as long as they maintain his grave. If Elderly Care failed to maintain the grave then the £10,000 per annum is to be given to Help the Creaky, which is also a charity.
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